Court Opinions
State Laws
|
Florida Statutes - Civil Practice And Procedure
Legal Research Home >
Florida Lawyer > Civil Practice and Procedure > Florida Statutes - Civil Practice And Procedure
- Florida Civil Practice And Procedure Code Section 45.011; Definitions.
In all statutes about practice and procedure "plaintiff" means any party seeking affirmative relief whether plaintiff, counterclaimant, cross-claimant; or third-party plaintiff, counterclaimant or ...
- Florida Civil Practice And Procedure Code Section 45.021; Applicability.
Chapters 45-51, 55-57, 68 and 69 apply to all actions, whether heretofore at law or in chancery, unless specifically provided otherwise in such ...
- Florida Civil Practice And Procedure Code Section 45.031; Judicial sales procedure.
In any sale of real or personal property under an order or judgment, the procedures provided in this section and ss. 45.0315-45.035 ...
- Florida Civil Practice And Procedure Code Section 45.0315; Right of redemption.
At any time before the later of the filing of a certificate of sale by the clerk of the court or the time specified in ...
- Florida Civil Practice And Procedure Code Section 45.032; Disbursement of surplus funds after judicial sale.
(1) For purposes of ss. 45.031-45.035, the term: (a) "Owner of record" means the person or persons who appear to be owners ...
- Florida Civil Practice And Procedure Code Section 45.033; Sale or assignment of rights to surplus funds in a property subject to foreclosure.
(1) There is established a rebuttable presumption that the owner of record of real property on the date of the filing of a lis pendens ...
- Florida Civil Practice And Procedure Code Section 45.034; Qualifications and appointment of a surplus trustee in foreclosure actions.
(1) A surplus trustee is a third-party trustee approved pursuant to this section by the Department of Financial Services. A surplus trustee must be ...
- Florida Civil Practice And Procedure Code Section 45.035; Clerk's fees.
In addition to other fees or service charges authorized by law, the clerk shall receive service charges related to the judicial sales procedure set forth ...
- Florida Civil Practice And Procedure Code Section 45.041; Amendment of bonds.
When any bond required or authorized in any action is defective in form or substance, the party giving the bond may give a new bond ...
- Florida Civil Practice And Procedure Code Section 45.045; Limitations on supersedeas bond; exception.
(1) Except for certified class actions subject to s. 768.733, in any civil action brought under any legal theory, the amount of a supersedeas ...
- Florida Civil Practice And Procedure Code Section 45.051; Execution of supersedeas bond when required of the state or its political subdivisions.
(1) When a supersedeas bond is required by the appellate court under Rule 9.310(b)(2), Florida Rules of Appellate Procedure or an appeal ...
- Florida Civil Practice And Procedure Code Section 45.061; Offers of settlement.
(1) At any time more than 60 days after the service of a summons and complaint on a party but not less than 60 days (...
- Florida Civil Practice And Procedure Code Section 45.062; Settlements, conditions, or orders when an agency of the executive branch is a party.
(1) In any civil action in which a state executive branch agency or officer is a party in state or federal court, the officer, agent, ...
- Florida Civil Practice And Procedure Code Section 45.075; Expedited trials.
Upon the joint stipulation of the parties to any civil case, the court may conduct an expedited trial as provided in this section. Where two ...
- Florida Civil Practice And Procedure Code Section 46.011; Parties for contribution.
When a person executes any bond, note, draft, or bill of exchange and two or more persons execute it jointly with him or her, merely ...
- Florida Civil Practice And Procedure Code Section 46.015; Release of parties.
(1) A written covenant not to sue or release of a person who is or may be jointly and severally liable with other persons for ...
- Florida Civil Practice And Procedure Code Section 46.021; Actions; surviving death of party.
No cause of action dies with the person. All causes of action survive and may be commenced, prosecuted, and defended in the name of the ...
- Florida Civil Practice And Procedure Code Section 46.031; Actions by husband and wife, parent or guardian and child.
In any action brought by a husband and his wife, parent or guardian and child for an injury done to the wife or child, in ...
- Florida Civil Practice And Procedure Code Section 46.041; Joinder of certain makers, endorsers, etc., of negotiable instruments.
(1) The makers of negotiable instruments and all other persons who, at or before the execution and delivery thereof, endorsed, guaranteed, or became surety for ...
- Florida Civil Practice And Procedure Code Section 46.051; Joinder of products liability insurers.
(1) No products liability insurer shall be joined as a party defendant in an action to determine the insured's liability. However, each insurer which ...
- Florida Civil Practice And Procedure Code Section 47.011; Where actions may be begun.
Actions shall be brought only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is ...
- Florida Civil Practice And Procedure Code Section 47.021; Actions against defendants residing in different counties.
Actions against two or more defendants residing in different counties may be brought in any county in which any defendant ...
- Florida Civil Practice And Procedure Code Section 47.025; Actions against contractors.
Any venue provision in a contract for improvement to real property which requires legal action involving a resident contractor, subcontractor, sub-subcontractor, or materialman, as ...
- Florida Civil Practice And Procedure Code Section 47.031; Venue of receiverships when property in more than one circuit.
When an application is made for a receiver of property and it is located in more than one judicial circuit, the court appointing the receiver ...
- Florida Civil Practice And Procedure Code Section 47.041; Actions on several causes of action.
Actions on several causes of action may be brought in any county where any of the causes of action arose. When two or more causes ...
- Florida Civil Practice And Procedure Code Section 47.051; Actions against corporations.
Actions against domestic corporations shall be brought only in the county where such corporation has, or usually keeps, an office for transaction of its customary ...
- Florida Civil Practice And Procedure Code Section 47.061; Action on promissory notes.
Actions on unsecured negotiable or nonnegotiable promissory notes shall be brought only in the county in which such notes were signed by the maker or ...
- Florida Civil Practice And Procedure Code Section 47.071; Jurisdiction over navigable waters.
When the territorial jurisdiction of a court extends to one bank of any navigable water, such court has jurisdiction across such navigable water from shore ...
- Florida Civil Practice And Procedure Code Section 47.081; Military, naval, or other service as residence.
Any person in any branch of the Armed Forces of the United States, and the husband or the wife of any such person, if he ...
- Florida Civil Practice And Procedure Code Section 47.091; Change of venue; power to grant.
All courts have power and it is their duty to grant changes of venue as hereinafter provided. The order of transfer shall require the movant ...
- Florida Civil Practice And Procedure Code Section 47.101; Change of venue; application.
(1) If a party desires a change of venue he or she may move therefor stating the belief that he or she will not receive ...
- Florida Civil Practice And Procedure Code Section 47.111; Change of venue; denial of motion.
The adverse party has the right to deny the allegations of the motion. The court shall hear the evidence on the ...
- Florida Civil Practice And Procedure Code Section 47.121; Change of venue; when unable to obtain jury.
A change of venue shall be granted when it appears impracticable to obtain a qualified jury in the county where the action is ...
- Florida Civil Practice And Procedure Code Section 47.122; Change of venue; convenience of parties or witnesses or in the interest of justice.
For the convenience of the parties or witnesses or in the interest of justice, any court of record may transfer any civil action to any ...
- Florida Civil Practice And Procedure Code Section 47.131; Change of venue; second change, when permitted.
When it appears to the court to which an action has been transferred by a change of venue that any of the grounds for change ...
- Florida Civil Practice And Procedure Code Section 47.141; Change of venue; same jurisdiction.
The order granting change of venue shall transfer the action to a court of the same jurisdiction in another county. If the judge of such ...
- Florida Civil Practice And Procedure Code Section 47.151; Change of venue; to another county of circuit.
If a change of venue is granted on grounds other than the disqualification or prejudice of a judge of the circuit court, the action may ...
- Florida Civil Practice And Procedure Code Section 47.172; Change of venue; transfer of papers, etc.
On a change of venue the clerk of the court in which such action was pending shall transmit all papers filed in said action, a ...
- Florida Civil Practice And Procedure Code Section 47.181; Change of venue; testimony of witnesses.
After a change of venue, testimony of witnesses residing in the county from which the action is removed may be taken in the manner provided ...
- Florida Civil Practice And Procedure Code Section 47.191; Change of venue; payment of costs.
No change of venue shall be granted except on condition that the movant, unless otherwise provided by the order of transfer, shall pay all costs ...
- Florida Civil Practice And Procedure Code Section 48.011; Process; how directed.
Summons, subpoenas, and other process in civil actions run throughout the state. All process except subpoenas shall be directed to all and singular the sheriffs ...
- Florida Civil Practice And Procedure Code Section 48.021; Process; by whom served.
(1) All process shall be served by the sheriff of the county where the person to be served is found, except initial nonenforceable civil process ...
- Florida Civil Practice And Procedure Code Section 48.031; Service of process generally; service of witness subpoenas.
(1)(a) Service of original process is made by delivering a copy of it to the person to be served with a copy of the ...
- Florida Civil Practice And Procedure Code Section 48.041; Service on minor.
(1) Process against a minor who has never been married shall be served: (a) By serving a parent or guardian of the minor as provided ...
- Florida Civil Practice And Procedure Code Section 48.042; Service on incompetent.
(1) Process against an incompetent shall be served: (a) By serving two copies of the process to the person who has care or custody of ...
- Florida Civil Practice And Procedure Code Section 48.051; Service on state prisoners.
Process against a state prisoner shall be served on the ...
- Florida Civil Practice And Procedure Code Section 48.061; Service on partnerships and limited partnerships.
(1) Process against a partnership shall be served on any partner and is as valid as if served on each individual partner. If a partner ...
- Florida Civil Practice And Procedure Code Section 48.071; Service on agents of nonresidents doing business in the state.
When any natural person or partnership not residing or having a principal place of business in this state engages in business in this state, process ...
- Florida Civil Practice And Procedure Code Section 48.081; Service on corporation.
(1) Process against any private corporation, domestic or foreign, may be served: (a) On the president or vice president, or other head of the corporation; (...
- Florida Civil Practice And Procedure Code Section 48.091; Corporations; designation of registered agent and registered office.
(1) Every Florida corporation and every foreign corporation now qualified or hereafter qualifying to transact business in this state shall designate a registered agent and ...
- Florida Civil Practice And Procedure Code Section 48.101; Service on dissolved corporations.
Process against the directors of any corporation which was dissolved before July 1, 1990, as trustees of the dissolved corporation shall be served on one ...
- Florida Civil Practice And Procedure Code Section 48.111; Service on public agencies and officers.
(1) Process against any municipal corporation, agency, board, or commission, department, or subdivision of the state or any county which has a governing board, council, ...
- Florida Civil Practice And Procedure Code Section 48.121; Service on the state.
When the state has consented to be sued, process against the state shall be served on the state attorney or an assistant state attorney for ...
- Florida Civil Practice And Procedure Code Section 48.131; Service on alien property custodian.
In every action or proceeding in any court or before any administrative board involving real, personal, or mixed property, or any interest therein, when service ...
- Florida Civil Practice And Procedure Code Section 48.141; Service on labor unions.
Process against labor organizations shall be served on the president or other officer, business agent, manager or person in charge of the business of such ...
- Florida Civil Practice And Procedure Code Section 48.151; Service on statutory agents for certain persons.
(1) When any law designates a public officer, board, agency, or commission as the agent for service of process on any person, firm, or corporation, ...
- Florida Civil Practice And Procedure Code Section 48.161; Method of substituted service on nonresident.
(1) When authorized by law, substituted service of process on a nonresident or a person who conceals his or her whereabouts by serving a public ...
- Florida Civil Practice And Procedure Code Section 48.171; Service on nonresident motor vehicle owners, etc.
Any nonresident of this state, being the operator or owner of any motor vehicle, who accepts the privilege extended by the laws of this state ...
- Florida Civil Practice And Procedure Code Section 48.181; Service on nonresident engaging in business in state.
(1) The acceptance by any person or persons, individually or associated together as a copartnership or any other form or type of association, who are ...
- Florida Civil Practice And Procedure Code Section 48.183; Service of process in action for possession of premises.
(1) In an action for possession of any residential premises, including those under chapters 83, 723, and 513, or nonresidential premises, if the tenant cannot ...
- Florida Civil Practice And Procedure Code Section 48.19; Service on nonresidents operating aircraft or watercraft in the state.
The operation, navigation, or maintenance by a nonresident of an aircraft or a boat, ship, barge, or other watercraft in the state, either in person ...
- Florida Civil Practice And Procedure Code Section 48.193; Acts subjecting person to jurisdiction of courts of state.
(1) Any person, whether or not a citizen or resident of this state, who personally or through an agent does any of the acts enumerated ...
- Florida Civil Practice And Procedure Code Section 48.194; Personal service outside state.
(1) Except as otherwise provided herein, service of process on persons outside of this state shall be made in the same manner as service within ...
- Florida Civil Practice And Procedure Code Section 48.195; Service of foreign process.
(1) The service of process issued by a court of a state other than Florida may be made by the sheriffs of this state in ...
- Florida Civil Practice And Procedure Code Section 48.196; Service of process in connection with actions under the Florida International Arbitration Act.
(1) Any process in connection with the commencement of an action before the courts of this state under chapter 684, the Florida International Arbitration Act, ...
- Florida Civil Practice And Procedure Code Section 48.20; Service of process on Sunday.
Service or execution on Sunday of any writ, process, warrant, order, or judgment is void and the person serving or executing, or causing it to ...
- Florida Civil Practice And Procedure Code Section 48.21; Return of execution of process.
Each person who effects service of process shall note on a return-of-service form attached thereto, the date and time when it comes to ...
- Florida Civil Practice And Procedure Code Section 48.22; Cumulative to other laws.
All provisions of this chapter are cumulative to other provisions of law or rules of court about service of process, and all other provisions about ...
- Florida Civil Practice And Procedure Code Section 48.23; Lis pendens.
(1)(a) No action in any of the state or federal courts in this state operates as a lis pendens on any real or personal ...
- Florida Civil Practice And Procedure Code Section 48.25; Short title.
Sections 48.25-48.31 may be cited as the "Florida Certified Process Server ...
- Florida Civil Practice And Procedure Code Section 48.27; Certified process servers.
(1) The chief judge of each judicial circuit may establish an approved list of natural persons designated as certified process servers. The chief judge may ...
- Florida Civil Practice And Procedure Code Section 48.29; Certification of process servers.
(1) The circuit court administrator and the clerk of the court in each county in the circuit shall maintain the list of process servers approved ...
- Florida Civil Practice And Procedure Code Section 48.31; Removal of certified process servers; false return of service.
(1) A certified process server may be removed from the list of certified process servers for any malfeasance, misfeasance, neglect of duty, or incompetence, as ...
- Florida Civil Practice And Procedure Code Section 49.011; Service of process by publication; cases in which allowed.
Service of process by publication may be made in any court on any person mentioned in s. 49.021 in any action or proceeding: (1) ...
- Florida Civil Practice And Procedure Code Section 49.021; Service of process by publication, upon whom.
Where personal service of process or, if appropriate, service of process under s. 48.194 cannot be had, service of process by publication may be ...
- Florida Civil Practice And Procedure Code Section 49.031; Sworn statement as condition precedent.
(1) As a condition precedent to service by publication, a statement shall be filed in the action executed by the plaintiff, the plaintiff's agent ...
- Florida Civil Practice And Procedure Code Section 49.041; Sworn statement, natural person as defendant.
The sworn statement of the plaintiff, his or her agent or attorney, for service of process by publication against a natural person, shall show: (1) ...
- Florida Civil Practice And Procedure Code Section 49.051; Sworn statement, corporation as defendant.
The sworn statement of the plaintiff, his or her agent or attorney, for service of process by publication against a corporation, shall show: (1) That ...
- Florida Civil Practice And Procedure Code Section 49.061; Sworn statement, parties doing business under a corporate name as defendants.
The sworn statement of the plaintiff, his or her agent or attorney, for service of process by publication against parties who have or may have ...
- Florida Civil Practice And Procedure Code Section 49.071; Sworn statement, unknown parties as defendants.
(1) If relief is demanded against unknown parties, the sworn statement for service of process by publication against them shall show: (a) That affiant believes ...
- Florida Civil Practice And Procedure Code Section 49.08; Notice of action, form.
On filing the sworn statement, and otherwise complying with the foregoing requirements, the plaintiff is entitled to have issued by the clerk or judge, not ...
- Florida Civil Practice And Procedure Code Section 49.09; Notice of action, return day.
The notice of action, except in foreclosure proceedings as defined in s. 702.09, shall require the defendant to file written defenses with the clerk ...
- Florida Civil Practice And Procedure Code Section 49.10; Notice of action, publication, proof.
(1)(a) All notices of action, except those referred to in paragraphs (b) and (c), shall be published once during each week for 4 consecutive ...
- Florida Civil Practice And Procedure Code Section 49.11; Notice of action, posting, proof.
If there is no newspaper published in the county, three copies of the notice shall be posted at least 28 days before the return day ...
- Florida Civil Practice And Procedure Code Section 49.12; Mailing of notice of action.
If the residence of any party to be served by publication is stated in the sworn statement with more particularity than the name of the ...
- Florida Civil Practice And Procedure Code Section 50.011; Where and in what language legal notices to be published.
Whenever by statute an official or legal advertisement or a publication, or notice in a newspaper has been or is directed or permitted in the ...
- Florida Civil Practice And Procedure Code Section 50.021; Publication when no newspaper in county.
When any law, or order or decree of court, shall direct advertisements to be made in any county and there be no newspaper published in ...
- Florida Civil Practice And Procedure Code Section 50.031; Newspapers in which legal notices and process may be published.
No notice or publication required to be published in a newspaper in the nature of or in lieu of process of any kind, nature, character ...
- Florida Civil Practice And Procedure Code Section 50.041; Proof of publication; uniform affidavits required.
(1) All affidavits of publishers of newspapers (or their official representatives) made for the purpose of establishing proof of publication of public notices or legal ...
- Florida Civil Practice And Procedure Code Section 50.051; Proof of publication; form of uniform affidavit.
The printed form upon which all such affidavits establishing proof of publication are to be executed shall be substantially as follows: NAME OF NEWSPAPER Published (...
- Florida Civil Practice And Procedure Code Section 50.061; Amounts chargeable.
(1) The publisher of any newspaper publishing any and all official public notices or legal advertisements shall charge therefor the rates specified in this section ...
- Florida Civil Practice And Procedure Code Section 50.0711; Court docket fund; service charges; publications.
(1) The clerk of the court in each county may establish a court docket fund for the purpose of paying the cost of publication of ...
- Florida Civil Practice And Procedure Code Section 51.011; Summary procedure.
The procedure in this section applies only to those actions specified by statute or rule. Rules of procedure apply to this section except when this ...
- Florida Civil Practice And Procedure Code Section 55.01; Judgments; general form.
(1) In all actions where either party recovers a sum of money, the amount to which he or she is entitled may be awarded by ...
- Florida Civil Practice And Procedure Code Section 55.03; Judgments; rate of interest, generally.
(1) On December 1 of each year, the Chief Financial Officer shall set the rate of interest that shall be payable on judgments or decrees ...
- Florida Civil Practice And Procedure Code Section 55.04; Judgments; rate of interest, bonds of county, etc.
All judgments and decrees rendered on any bonds or other written evidence of debt of any county, special road and bridge districts or any county ...
- Florida Civil Practice And Procedure Code Section 55.05; Judgments; power of attorney to confess invalid.
All powers of attorney for confessing or suffering judgment to pass by default or otherwise, and all general releases of error, heretofore made or to ...
- Florida Civil Practice And Procedure Code Section 55.07; Judgments; effect of failure to record.
The failure to record any order, judgment or decree shall not affect the validity of any proceedings had thereon when collaterally attacked; provided, rendition of ...
- Florida Civil Practice And Procedure Code Section 55.071; Judgments; effect of invalid affidavit or oath.
No order, judgment or decree heretofore or hereafter entered (including decrees pro confesso, defaults and judgments by default) which was or shall be predicated on ...
- Florida Civil Practice And Procedure Code Section 55.081; Statute of limitations, lien of judgment.
Subject to the provisions of s. 55.10, no judgment, order, or decree of any court shall be a lien upon real or personal property ...
- Florida Civil Practice And Procedure Code Section 55.10; Judgments, orders, and decrees; lien of all, generally; extension of liens; transfer of liens to other security.
(1) A judgment, order, or decree becomes a lien on real property in any county when a certified copy of it is recorded in the ...
- Florida Civil Practice And Procedure Code Section 55.11; Judgments; no lien against municipalities.
No money judgment or decree against a municipal corporation is a lien on its property nor shall any execution or any writ in the nature ...
- Florida Civil Practice And Procedure Code Section 55.13; Judgments; rights of sureties, etc.
Any person paying money as surety for the principal in any bond or note, which he or she has signed as surety, upon which judgment ...
- Florida Civil Practice And Procedure Code Section 55.141; Satisfaction of judgments and decrees; duties of clerk.
(1) All judgments and decrees for the payment of money rendered in the courts of this state and which have become final, may be satisfied ...
- Florida Civil Practice And Procedure Code Section 55.145; Discharge of judgments in bankruptcy.
At any time after 1 year has elapsed since a bankrupt or debtor was discharged from his or her debts, pursuant to the act of ...
- Florida Civil Practice And Procedure Code Section 55.146; Certain property exempt.
All property in this state of a judgment debtor where the judgment is in favor of any state for failure to pay that state's ...
- Florida Civil Practice And Procedure Code Section 55.201; Central database of judgment liens on personal property.
The Department of State shall maintain a database of judgment lien files established in accordance with ss. 55.201-55....
- Florida Civil Practice And Procedure Code Section 55.202; Judgments, orders, and decrees; lien on personal property.
(1) A judgment lien securing the unpaid amount of any money judgment may be acquired by the holder of a judgment: (a) Enforceable in this ...
- Florida Civil Practice And Procedure Code Section 55.203; Judgment lien certificate; content, filing, and indexing.
(1) An original judgment lien certificate must include: (a) The legal name of each judgment debtor and, if a recorded legal entity, the registered name ...
- Florida Civil Practice And Procedure Code Section 55.204; Duration and continuation of judgment lien; destruction of records.
(1) Except as provided in this section, a judgment lien acquired under s. 55.202 lapses and becomes invalid 5 years after the date of ...
- Florida Civil Practice And Procedure Code Section 55.205; Effect of judgment lien.
(1) A judgment creditor who has not acquired a judgment lien as provided in s. 55.202 or whose lien has lapsed may nevertheless proceed ...
- Florida Civil Practice And Procedure Code Section 55.206; Amendment of judgment lien file; termination, partial release, assignment, continuation, tolling, correction.
(1) An amendment to a judgment lien acquired as provided under s. 55.202 may be filed by or on behalf of the judgment creditor ...
- Florida Civil Practice And Procedure Code Section 55.207; Correction of judgment lien file.
(1) A person may file with the Department of State a correction statement with respect to a judgment lien file, as provided in s. 55....
- Florida Civil Practice And Procedure Code Section 55.208; Effect of filed judgment lien on writs of execution previously delivered to a sheriff.
(1) Any lien created by a writ of execution which has been delivered to the sheriff of any county before October 1, 2001, remains in ...
- Florida Civil Practice And Procedure Code Section 55.209; Department of State; processing fees, responsibilities.
(1) Except for liens, assessments, warrants, or judgments filed electronically as provided in s. 55.202(2)(b), the Department of State shall collect the ...
- Florida Civil Practice And Procedure Code Section 55.501; Florida Enforcement of Foreign Judgments Act; short title.
Sections 55.501-55.509 may be cited as the "Florida Enforcement of Foreign Judgments ...
- Florida Civil Practice And Procedure Code Section 55.502; Construction of act.
(1) As used in ss. 55.501-55.509, the term "foreign judgment" means any judgment, decree, or order of a court of any other ...
- Florida Civil Practice And Procedure Code Section 55.503; Recording and status of foreign judgments; fees.
(1) A copy of any foreign judgment certified in accordance with the laws of the United States or of this state may be recorded in ...
- Florida Civil Practice And Procedure Code Section 55.505; Notice of recording; prerequisite to enforcement.
(1) At the time of the recording of a foreign judgment, the judgment creditor shall make and record with the clerk of the circuit court ...
- Florida Civil Practice And Procedure Code Section 55.507; Lien; when effective.
A foreign judgment does not operate as a lien until 30 days after the mailing of notice by the clerk. When an action authorized in ...
- Florida Civil Practice And Procedure Code Section 55.509; Stay of enforcement of foreign judgment.
(1) If, within 30 days after the date the foreign judgment is recorded, the judgment debtor files an action contesting the jurisdiction of the court ...
- Florida Civil Practice And Procedure Code Section 55.601; Uniform Out-of-country Foreign Money-Judgment Recognition Act; short title.
Sections 55.601-55.607 may be cited as the "Uniform Out-of-country Foreign Money-Judgment Recognition ...
- Florida Civil Practice And Procedure Code Section 55.602; Definitions.
As used in this act, the term: (1) "Foreign state" means any governmental unit other than the United States, or any state, district, commonwealth, territory, ...
- Florida Civil Practice And Procedure Code Section 55.603; Applicability.
This act applies to any out-of-country foreign judgment that is final and conclusive and enforceable where rendered, even though an appeal therefrom is ...
- Florida Civil Practice And Procedure Code Section 55.604; Recognition and enforcement.
Except as provided in s. 55.605, an out-of-country foreign judgment meeting the requirements of s. 55.603 is conclusive between the parties ...
- Florida Civil Practice And Procedure Code Section 55.605; Grounds for nonrecognition.
(1) An out-of-country foreign judgment is not conclusive if: (a) The judgment was rendered under a system which does not provide impartial tribunals ...
- Florida Civil Practice And Procedure Code Section 55.606; Personal jurisdiction.
The out-of-country foreign judgment shall not be refused recognition for lack of personal jurisdiction if: (1) The defendant was served personally in the ...
- Florida Civil Practice And Procedure Code Section 55.607; Stay in case of appeal.
If the defendant satisfies the court that an appeal is pending, or that he or she intends to appeal, and that he or she has ...
- Florida Civil Practice And Procedure Code Section 56.011; Executions; capias ad satisfaciendum abolished.
In no case shall a capias ad satisfaciendum be issued upon a judgment, nor shall the body of any defendant be subject to arrest or ...
- Florida Civil Practice And Procedure Code Section 56.021; Executions; issuance and return, alias, etc.
When issued, an execution is valid and effective during the life of the judgment or decree on which it is issued. When fully paid, the ...
- Florida Civil Practice And Procedure Code Section 56.031; Executions; form.
All executions shall be dated on the day on which they are issued, shall be directed to all and singular the sheriffs of the state ...
- Florida Civil Practice And Procedure Code Section 56.041; Executions; collection and return.
(1) All executions shall be returnable when satisfied, and the officers to whom they are delivered shall collect the amounts thereof as soon as possible ...
- Florida Civil Practice And Procedure Code Section 56.051; Executions; collection when against principal and sureties.
Where there are executions against principals and sureties, or an execution against a principal and surety or sureties, it shall be the duty of the ...
- Florida Civil Practice And Procedure Code Section 56.061; Property subject to execution.
Lands and tenements, goods and chattels, equities of redemption in real and personal property, and stock in corporations, shall be subject to levy and sale ...
- Florida Civil Practice And Procedure Code Section 56.071; Executions on equities of redemption; discovery of value.
On motion made by the party causing a levy to be made on an equity of redemption, the court from which the execution issued shall ...
- Florida Civil Practice And Procedure Code Section 56.09; Executions against corporations; generally.
On any judgment against a corporation plaintiff may have an execution levied on the current money as well as on the goods and chattels, lands ...
- Florida Civil Practice And Procedure Code Section 56.10; Executions against corporations; receivership.
If an execution cannot be satisfied in whole or in part for lack of property of the defendant corporation subject to levy and sale, on ...
- Florida Civil Practice And Procedure Code Section 56.12; Executions; levy, forthcoming bond.
If a defendant in execution wants to retake possession of any property levied on, he or she may do so by executing a bond with ...
- Florida Civil Practice And Procedure Code Section 56.13; Executions; forfeiture of forthcoming bond.
Should the execution remain unpaid, and the parties to the bond fail to produce such property by the day specified, said bond shall be returned ...
- Florida Civil Practice And Procedure Code Section 56.14; Executions upon forthcoming bond; levy.
No bonds, as hereinbefore provided, shall be allowed to be given for property seized upon the execution on the judgment upon the forfeited ...
- Florida Civil Practice And Procedure Code Section 56.15; Executions; stay of illegal writs.
If any execution issues illegally, the defendant in execution may obtain a stay by making and delivering an affidavit to the officer having the execution, ...
- Florida Civil Practice And Procedure Code Section 56.16; Executions; claims of third parties to property levied on.
If any person other than the defendant in execution claims any property levied on, he or she may obtain possession of the property by filing ...
- Florida Civil Practice And Procedure Code Section 56.17; Executions; duty of officer on claim of third person being filed.
On receipt of the bond and affidavit the officer shall deliver the property to the claimant and desist from any further proceedings under the execution ...
- Florida Civil Practice And Procedure Code Section 56.18; Executions; trial of claims of third persons.
As soon as possible after the return a jury, if not waived, shall be impaneled to try the right of property. If the verdict is ...
- Florida Civil Practice And Procedure Code Section 56.19; Judgments upon claims of third persons.
Upon the verdict of the jury, the court shall enter judgment deciding the right of property, and if the verdict is for plaintiff, awarding a ...
- Florida Civil Practice And Procedure Code Section 56.20; Executions on judgments against third person claimants.
If the execution issued on the judgment is not paid, it shall be satisfied in the usual manner unless on demand of the officer holding ...
- Florida Civil Practice And Procedure Code Section 56.21; Execution sales; notice.
Notice of all sales under execution shall be given by advertisement once each week for 4 successive weeks in a newspaper published in the county ...
- Florida Civil Practice And Procedure Code Section 56.22; Execution sales; time, date, and place of sale.
All sales of property under legal process shall take place at the time, date, and place advertised in the notice of the sheriff's sale ...
- Florida Civil Practice And Procedure Code Section 56.25; Execution sale; bill of sale or deed.
When a sale is made under an execution, the officer making the sale shall execute and deliver to the purchaser a deed or bill of ...
- Florida Civil Practice And Procedure Code Section 56.26; Executions; mandamus to force levy and sale.
When an officer holds an unsatisfied execution and refuses to levy on property liable thereunder and on which it is his or her duty to ...
- Florida Civil Practice And Procedure Code Section 56.27; Executions; payment of money collected.
(1) All money received under executions shall be paid, in the order prescribed, to the following: the sheriff, for costs; the levying creditor in the ...
- Florida Civil Practice And Procedure Code Section 56.275; Disposition of unclaimed money collected.
All unclaimed proceeds from sheriff's sales or money collected under execution shall be disposed of as provided in s. 116....
- Florida Civil Practice And Procedure Code Section 56.28; Executions; failure of officer to pay over moneys collected.
If any officer collecting money under execution fails or refuses to pay it over within 30 days after it has been received by him or ...
- Florida Civil Practice And Procedure Code Section 56.29; Proceedings supplementary.
(1) When any person or entity holds an unsatisfied judgment or judgment lien obtained under chapter 55, the judgment holder or judgment lienholder may file ...
- Florida Civil Practice And Procedure Code Section 57.011; Costs; security by nonresidents.
When a nonresident plaintiff begins an action or when a plaintiff after beginning an action removes himself or herself or his or her effects from ...
- Florida Civil Practice And Procedure Code Section 57.021; Costs; taxing.
The clerk or the judge shall tax the costs accruing in each action when it is determined and shall keep a duplicate of the costs ...
- Florida Civil Practice And Procedure Code Section 57.031; Costs; record.
All officers who are allowed to charge fees and costs shall keep a book in which they shall record an itemized account of all the ...
- Florida Civil Practice And Procedure Code Section 57.041; Costs; recovery from losing party.
(1) The party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment; but this section ...
- Florida Civil Practice And Procedure Code Section 57.051; Costs; prohibition against unlawful exaction.
(1) PROHIBITION.--No officer shall make two charges for the same official act or service, nor charge for any constructive service. No fee shall be ...
- Florida Civil Practice And Procedure Code Section 57.061; Costs; recovery of illegally exacted; procedure.
(1) SUMMARY PROCEEDINGS.--Any person aggrieved by any charge for costs by any officer may have its correctness determined by a court and jury by ...
- Florida Civil Practice And Procedure Code Section 57.071; Costs; what taxable.
(1) If costs are awarded to any party, the following shall also be allowed: (a) The reasonable premiums or expenses paid on all bonds or ...
- Florida Civil Practice And Procedure Code Section 57.081; Costs; right to proceed where prepayment of costs waived.
(1) Any indigent person, except a prisoner as defined in s. 57.085, who is a party or intervenor in any judicial or administrative agency ...
- Florida Civil Practice And Procedure Code Section 57.082; Determination of civil indigent status.
(1) APPLICATION TO THE CLERK.--A person seeking appointment of a private attorney in a civil case eligible for court-appointed counsel, or seeking relief ...
- Florida Civil Practice And Procedure Code Section 57.085; Deferral of prepayment of court costs and fees for indigent prisoners.
(1) For the purposes of this section, the term "prisoner" means a person who has been convicted of a crime and is incarcerated for that ...
- Florida Civil Practice And Procedure Code Section 57.101; Costs in Supreme Court; certain not taxable.
The costs of copies of the record of any paper on file in the Supreme Court shall not be taxed as costs against the losing ...
- Florida Civil Practice And Procedure Code Section 57.104; Computation of attorneys' fees.
In any action in which attorneys' fees are to be determined or awarded by the court, the court shall consider, among other things, time and ...
- Florida Civil Practice And Procedure Code Section 57.105; Attorney's fee; sanctions for raising unsupported claims or defenses; service of motions; damages for delay of litigation.
(1) Upon the court's initiative or motion of any party, the court shall award a reasonable attorney's fee to be paid to the ...
- Florida Civil Practice And Procedure Code Section 57.111; Civil actions and administrative proceedings initiated by state agencies; attorneys' fees and costs.
(1) This section may be cited as the "Florida Equal Access to Justice Act." (2) The Legislature finds that certain persons may be deterred from ...
- Florida Civil Practice And Procedure Code Section 57.115; Execution on judgments; attorney's fees and costs.
(1) The court may award against a judgment debtor reasonable costs and attorney's fees incurred thereafter by a judgment creditor in connection with execution ...
- Florida Civil Practice And Procedure Code Section 59.04; Appeal from order granting new trial.
Upon the entry of an order granting a new trial, the party aggrieved may prosecute an appeal to the proper appellate court without waiting for ...
- Florida Civil Practice And Procedure Code Section 59.041; Harmless error; effect.
No judgment shall be set aside or reversed, or new trial granted by any court of the state in any cause, civil or criminal, on ...
- Florida Civil Practice And Procedure Code Section 59.06; Matters reviewable on appeal.
(1) WHAT MAY BE ASSIGNED AS ERROR.--All judgments and orders made in any action wherein the trial court: (a) May allow or refuse to ...
- Florida Civil Practice And Procedure Code Section 59.081; Time for invoking appellate jurisdiction of any court.
(1) The time within which and the method by which the jurisdiction of any court in this state possessed of power to review the action ...
- Florida Civil Practice And Procedure Code Section 59.13; Supersedeas on petition for certiorari.
When it appears to the trial court that a petition for certiorari has been or is about to be applied for in an appellate court, ...
- Florida Civil Practice And Procedure Code Section 59.15; Proceedings in pais; authentication.
Proceedings in pais, not stenographically reported, may be authenticated by recitals in orders, judgments, or decrees, of the trial court, or of the judge thereof, ...
- Florida Civil Practice And Procedure Code Section 59.29; Amendment of appellate proceedings.
The appellate court may, at any time, in the furtherance of justice, upon such terms as may be just, permit appellate proceedings to be ...
- Florida Civil Practice And Procedure Code Section 59.33; Quashing appeals; power of appellate court.
Appellate courts shall have power to quash appeals in all cases in which appeals do not lie, or where they are taken against good faith ...
- Florida Civil Practice And Procedure Code Section 59.35; Judgment; power of appellate court to direct a new trial upon one or more issues.
An appellate court may, in reversing a judgment of a lower court brought before it for review by appeal, by the order of reversal, if ...
- Florida Civil Practice And Procedure Code Section 59.45; Misconception of remedy; Supreme Court.
If an appeal be improvidently taken where the remedy might have been more properly sought by certiorari, this alone shall not be a ground for ...
- Florida Civil Practice And Procedure Code Section 59.46; Attorney's fees.
In the absence of an expressed contrary intent, any provision of a statute or of a contract entered into after October 1, 1977, providing for ...
- Florida Civil Practice And Procedure Code Section 60.01; Injunction; against levy of execution issued against another than the plaintiff.
When real estate is levied on, or an attempt to sell it under any execution or other process issued is made, or an attempt to ...
- Florida Civil Practice And Procedure Code Section 60.03; Injunction against removal of mortgaged personal property.
The removal from the state of any personal property mortgaged to secure a debt which has not matured at the time of the removal may ...
- Florida Civil Practice And Procedure Code Section 60.04; Injunction; sureties on bond of fiduciaries may restrain disposition of principal's property.
When actions are commenced on the bond of any executor, administrator, guardian or trustee, or for an accounting, the surety on the bond may apply ...
- Florida Civil Practice And Procedure Code Section 60.05; Abatement of nuisances.
(1) When any nuisance as defined in s. 823.05 exists, the Attorney General, state attorney, city attorney, county attorney, or any citizen of the ...
- Florida Civil Practice And Procedure Code Section 60.06; Abatement of nuisances; enforcement.
The court shall make such orders on proper proof as will abate all nuisances mentioned in s. 823.05, and has authority to enforce injunctions ...
- Florida Civil Practice And Procedure Code Section 60.07; Assessment of damages after dissolution.
In injunction actions, on dissolution, the court may hear evidence and assess damages to which a defendant may be entitled under any injunction bond, eliminating ...
- Florida Civil Practice And Procedure Code Section 60.08; Injunctions sought by the state pursuant to statute shall issue without bond.
In any action for injunctive relief sought by the state or one of its agencies as provided in ss. 501.207(1)(b), 542.23, ...
- Florida Civil Practice And Procedure Code Section 61.001; Purpose of chapter.
(1) This chapter shall be liberally construed and applied. (2) Its purposes are: (a) To preserve the integrity of marriage and to safeguard meaningful family ...
- Florida Civil Practice And Procedure Code Section 61.011; Dissolution in chancery.
Proceedings under this chapter are in ...
- Florida Civil Practice And Procedure Code Section 61.021; Residence requirements.
To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the ...
- Florida Civil Practice And Procedure Code Section 61.031; Dissolution of marriage to be a vinculo.
No dissolution of marriage is from bed and board, but is from bonds of ...
- Florida Civil Practice And Procedure Code Section 61.043; Commencement of a proceeding for dissolution of marriage or for alimony and child support; dissolution questionnaire.
(1) A proceeding for dissolution of marriage or a proceeding under s. 61.09 shall be commenced by filing in the circuit court a petition ...
- Florida Civil Practice And Procedure Code Section 61.044; Certain existing defenses abolished.
The defenses to divorce and legal separation of condonation, collusion, recrimination, and laches are ...
- Florida Civil Practice And Procedure Code Section 61.046; Definitions.
As used in this chapter: (1) "Business day" means any day other than a Saturday, Sunday, or legal holiday. (2) "Clerk of Court Child Support ...
- Florida Civil Practice And Procedure Code Section 61.052; Dissolution of marriage.
(1) No judgment of dissolution of marriage shall be granted unless one of the following facts appears, which shall be pleaded generally: (a) The marriage ...
- Florida Civil Practice And Procedure Code Section 61.061; Proceedings against nonresidents.
Proceedings may be brought against persons residing out of the ...
- Florida Civil Practice And Procedure Code Section 61.071; Alimony pendente lite; suit money.
In every proceeding for dissolution of the marriage, a party may claim alimony and suit money in the petition or by motion, and if the ...
- Florida Civil Practice And Procedure Code Section 61.075; Equitable distribution of marital assets and liabilities.
(1) In a proceeding for dissolution of marriage, in addition to all other remedies available to a court to do equity between the parties, or ...
- Florida Civil Practice And Procedure Code Section 61.076; Distribution of retirement plans upon dissolution of marriage.
(1) All vested and nonvested benefits, rights, and funds accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and ...
- Florida Civil Practice And Procedure Code Section 61.077; Determination of entitlement to setoffs or credits upon sale of marital home.
A party is not entitled to any credits or setoffs upon the sale of the marital home unless the parties' settlement agreement, final judgment of ...
- Florida Civil Practice And Procedure Code Section 61.08; Alimony.
(1) In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be rehabilitative or permanent in nature. ...
- Florida Civil Practice And Procedure Code Section 61.09; Alimony and child support unconnected with dissolution.
If a person having the ability to contribute to the maintenance of his or her spouse and support of his or her minor child fails ...
- Florida Civil Practice And Procedure Code Section 61.10; Adjudication of obligation to support spouse or minor child unconnected with dissolution; child custody, child's primary residence, and visitation.
Except when relief is afforded by some other pending civil action or proceeding, a spouse residing in this state apart from his or her spouse ...
- Florida Civil Practice And Procedure Code Section 61.11; Writs.
(1) When either party is about to remove himself or herself or his or her property out of the state, or fraudulently convey or conceal ...
- Florida Civil Practice And Procedure Code Section 61.12; Attachment or garnishment of amounts due for alimony or child support.
(1) So much as the court orders of the money or other things due to any person or public officer, state or county, whether the ...
- Florida Civil Practice And Procedure Code Section 61.121; Rotating custody.
The court may order rotating custody if the court finds that rotating custody will be in the best interest of the ...
- Florida Civil Practice And Procedure Code Section 61.122; Child custody evaluations; presumption of psychologist's good faith; prerequisite to parent's filing suit; award of fees, costs, reimbursement.
(1) A psychologist who has been appointed by the court to conduct a child custody evaluation in a judicial proceeding is presumed to be acting ...
- Florida Civil Practice And Procedure Code Section 61.13; Custody and support of children; visitation rights; power of court in making orders.
(1)(a) In a proceeding under this chapter, the court may at any time order either or both parents who owe a duty of support ...
- Florida Civil Practice And Procedure Code Section 61.13001; Parental relocation with a child.
(1) DEFINITIONS.--As used in this section: (a) "Change of residence address" means the relocation of a child to a principal residence more than 50 ...
- Florida Civil Practice And Procedure Code Section 61.1301; Income deduction orders.
(1) ISSUANCE IN CONJUNCTION WITH AN ORDER ESTABLISHING, ENFORCING, OR MODIFYING AN OBLIGATION FOR ALIMONY OR CHILD SUPPORT.-- (a) Upon the entry of an order ...
- Florida Civil Practice And Procedure Code Section 61.13015; Petition for suspension or denial of professional licenses and certificates.
(1) An obligee may petition the court which entered the support order or the court which is enforcing the support order for an order to ...
- Florida Civil Practice And Procedure Code Section 61.13016; Suspension of driver's licenses and motor vehicle registrations.
(1) The driver's license and motor vehicle registration of a support obligor who is delinquent in payment or who has failed to comply with ...
- Florida Civil Practice And Procedure Code Section 61.1354; Sharing of information between consumer reporting agencies and the IV-D agency.
(1) Upon receipt of a request from a consumer reporting agency as defined in s. 603(f) of the Fair Credit Reporting Act, the IV-...
- Florida Civil Practice And Procedure Code Section 61.14; Enforcement and modification of support, maintenance, or alimony agreements or orders.
(1)(a) When the parties enter into an agreement for payments for, or instead of, support, maintenance, or alimony, whether in connection with a proceeding ...
- Florida Civil Practice And Procedure Code Section 61.16; Attorney's fees, suit money, and costs.
(1) The court may from time to time, after considering the financial resources of both parties, order a party to pay a reasonable amount for ...
- Florida Civil Practice And Procedure Code Section 61.17; Alimony and child support; additional method for enforcing orders and judgments; costs, expenses.
(1) An order or judgment for the payment of alimony or child support or either entered by any court of this state may be enforced ...
- Florida Civil Practice And Procedure Code Section 61.18; Alimony and child support; default in undertaking of bond posted to ensure payment.
(1) When there is a breach of the condition of any bond posted to ensure the payment of alimony or child support, either temporary or ...
- Florida Civil Practice And Procedure Code Section 61.181; Depository for alimony transactions, support, maintenance, and support payments; fees.
(1)(a) The office of the clerk of the court shall operate a depository unless the depository is otherwise created by special act of the ...
- Florida Civil Practice And Procedure Code Section 61.1811; Clerk of the Court Child Support Enforcement Collection System Trust Fund.
There is hereby created the Clerk of the Court Child Support Enforcement Collection System Trust Fund to be used to deposit the department's share ...
- Florida Civil Practice And Procedure Code Section 61.1812; Child Support Incentive Trust Fund.
(1) The Child Support Incentive Trust Fund is hereby created, to be administered by the Department of Revenue. All child support enforcement incentive earnings and ...
- Florida Civil Practice And Procedure Code Section 61.1814; Child Support Enforcement Application and Program Revenue Trust Fund.
(1) The Child Support Enforcement Application and Program Revenue Trust Fund is hereby created, to be administered by the Department of Revenue. The purpose of ...
- Florida Civil Practice And Procedure Code Section 61.1816; Child Support Clearing Trust Fund.
(1) The Child Support Clearing Trust Fund is hereby created, to be administered by the Department of Revenue. Funds shall be credited to the trust ...
- Florida Civil Practice And Procedure Code Section 61.1824; State Disbursement Unit.
(1) The State Disbursement Unit is hereby created and shall be operated by the Department of Revenue or by a contractor responsible directly to the ...
- Florida Civil Practice And Procedure Code Section 61.1825; State Case Registry.
(1) The Department of Revenue or its agent shall operate and maintain a State Case Registry as provided by 42 U.S.C. s. 654A. ...
- Florida Civil Practice And Procedure Code Section 61.1826; Procurement of services for State Disbursement Unit and the non-Title IV-D component of the State Case Registry; contracts and cooperative agreements; penalties; withholding payment.
(1) LEGISLATIVE FINDINGS.--The Legislature finds that the clerks of court play a vital role, as essential participants in the establishment, modification, collection, and enforcement ...
- Florida Civil Practice And Procedure Code Section 61.1827; Identifying information concerning applicants for and recipients of child support services.
(1) Any information that reveals the identity of applicants for or recipients of child support services, including the name, address, and telephone number of such ...
- Florida Civil Practice And Procedure Code Section 61.183; Mediation of certain contested issues.
(1) In any proceeding in which the issues of parental responsibility, primary residence, visitation, or support of a child are contested, the court may refer ...
- Florida Civil Practice And Procedure Code Section 61.19; Entry of judgment of dissolution of marriage, delay period.
No final judgment of dissolution of marriage may be entered until at least 20 days have elapsed from the date of filing the original petition ...
- Florida Civil Practice And Procedure Code Section 61.191; Application.
(1) This act applies to all proceedings commenced on or after July 1, 1971. However, pending actions for divorce are deemed to have been commenced ...
- Florida Civil Practice And Procedure Code Section 61.20; Social investigation and recommendations when child custody is in issue.
(1) In any action where the custody of a minor child is in issue, the court may order a social investigation and study concerning all ...
- Florida Civil Practice And Procedure Code Section 61.21; Parenting course authorized; fees; required attendance authorized; contempt.
(1) LEGISLATIVE FINDINGS; PURPOSE.--It is the finding of the Legislature that: (a) A large number of children experience the separation or divorce of their ...
- Florida Civil Practice And Procedure Code Section 61.30; Child support guidelines; retroactive child support.
(1)(a) The child support guideline amount as determined by this section presumptively establishes the amount the trier of fact shall order as child support ...
- Florida Civil Practice And Procedure Code Section 61.401; Appointment of guardian ad litem.
In an action for dissolution of marriage, modification, parental responsibility, custody, or visitation, if the court finds it is in the best interest of the ...
- Florida Civil Practice And Procedure Code Section 61.402; Qualifications of guardians ad litem.
A guardian ad litem must be either a citizen certified by the Guardian Ad Litem Program to act in family law cases or an attorney ...
- Florida Civil Practice And Procedure Code Section 61.403; Guardians ad litem; powers and authority.
A guardian ad litem when appointed shall act as next friend of the child, investigator or evaluator, not as attorney or advocate but shall act ...
- Florida Civil Practice And Procedure Code Section 61.404; Guardians ad litem; confidentiality.
The guardian ad litem shall maintain as confidential all information and documents received from any source described in s. 61.403(2) and may not ...
- Florida Civil Practice And Procedure Code Section 61.405; Guardians ad litem; immunity.
Any person participating in a judicial proceeding as a guardian ad litem shall be presumed prima facie to be acting in good faith and in ...
- Florida Civil Practice And Procedure Code Section 61.45; Court order of visitation or custody; risk of violation; bond.
(1) In a proceeding in which the court enters an order of child custody or visitation, including in a modification proceeding, upon the presentation of ...
- Florida Civil Practice And Procedure Code Section 61.501; Short title.
This part may be cited as the "Uniform Child Custody Jurisdiction and Enforcement ...
- Florida Civil Practice And Procedure Code Section 61.502; Purposes of part; construction of provisions.
The general purposes of this part are to: (1) Avoid jurisdictional competition and conflict with courts of other states in matters of child custody which ...
- Florida Civil Practice And Procedure Code Section 61.503; Definitions.
As used in this part, the term: (1) "Abandoned" means left without provision for reasonable and necessary care or supervision. (2) "Child" means an individual ...
- Florida Civil Practice And Procedure Code Section 61.504; Proceedings governed by other law.
This part does not govern a proceeding pertaining to the authorization of emergency medical care for a ...
- Florida Civil Practice And Procedure Code Section 61.505; Application to Indian tribes.
(1) A child custody proceeding that pertains to an Indian child, as defined in the Indian Child Welfare Act, 25 U.S.C. ss. 1901 ...
- Florida Civil Practice And Procedure Code Section 61.506; International application of part.
(1) A court of this state shall treat a foreign country as if it were a state of the United States for purposes of applying ...
- Florida Civil Practice And Procedure Code Section 61.507; Effect of child custody determination.
A child custody determination made by a court of this state which had jurisdiction under this part binds all persons who have been served in ...
- Florida Civil Practice And Procedure Code Section 61.508; Priority.
If a question of existence or exercise of jurisdiction under this part is raised in a child custody proceeding, the question, upon request of a ...
- Florida Civil Practice And Procedure Code Section 61.509; Notice to persons outside the state.
(1) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the laws ...
- Florida Civil Practice And Procedure Code Section 61.510; Appearance and limited immunity.
(1) A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a ...
- Florida Civil Practice And Procedure Code Section 61.511; Communication between courts.
(1) A court of this state may communicate with a court in another state concerning a proceeding arising under this part. (2) The court shall ...
- Florida Civil Practice And Procedure Code Section 61.512; Taking testimony in another state.
(1) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located ...
- Florida Civil Practice And Procedure Code Section 61.513; Cooperation between courts; preservation of records.
(1) A court of this state may request the appropriate court of another state to: (a) Hold an evidentiary hearing; (b) Order a person to ...
- Florida Civil Practice And Procedure Code Section 61.514; Initial child custody jurisdiction.
(1) Except as otherwise provided in s. 61.517, a court of this state has jurisdiction to make an initial child custody determination only if: (...
- Florida Civil Practice And Procedure Code Section 61.515; Exclusive, continuing jurisdiction.
(1) Except as otherwise provided in s. 61.517, a court of this state which has made a child custody determination consistent with s. 61....
- Florida Civil Practice And Procedure Code Section 61.516; Jurisdiction to modify a determination.
Except as otherwise provided in s. 61.517, a court of this state may not modify a child custody determination made by a court of ...
- Florida Civil Practice And Procedure Code Section 61.517; Temporary emergency jurisdiction.
(1) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or ...
- Florida Civil Practice And Procedure Code Section 61.518; Notice; opportunity to be heard; joinder.
(1) Before a child custody determination is made under this part, notice and an opportunity to be heard in accordance with the standards of s. ...
- Florida Civil Practice And Procedure Code Section 61.519; Simultaneous proceedings.
(1) Except as otherwise provided in s. 61.517, a court of this state may not exercise its jurisdiction under ss. 61.514-61.524 ...
- Florida Civil Practice And Procedure Code Section 61.520; Inconvenient forum.
(1) A court of this state which has jurisdiction under this part to make a child custody determination may decline to exercise its jurisdiction at ...
- Florida Civil Practice And Procedure Code Section 61.521; Jurisdiction declined by reason of conduct.
(1) Except as otherwise provided in s. 61.517 or by other law of this state, if a court of this state has jurisdiction under ...
- Florida Civil Practice And Procedure Code Section 61.522; Information to be submitted to the court.
(1) Subject to Florida law providing for the confidentiality of procedures, addresses, and other identifying information in a child custody proceeding, each party, in its ...
- Florida Civil Practice And Procedure Code Section 61.523; Appearance of parties and child.
(1) In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear ...
- Florida Civil Practice And Procedure Code Section 61.524; Definitions.
As used in ss. 61.524-61.540, the term: (1) "Petitioner" means a person who seeks enforcement of an order for return of a ...
- Florida Civil Practice And Procedure Code Section 61.525; Enforcement under the Hague Convention.
Under this part, a court of this state may enforce an order for the return of a child made under the Hague Convention on the ...
- Florida Civil Practice And Procedure Code Section 61.526; Duty to enforce.
(1) A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised ...
- Florida Civil Practice And Procedure Code Section 61.527; Temporary visitation.
(1) A court of this state which does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing: (a) A ...
- Florida Civil Practice And Procedure Code Section 61.528; Registration of child custody determination.
(1) A child custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for ...
- Florida Civil Practice And Procedure Code Section 61.529; Enforcement of registered determination.
(1) A court of this state may grant any relief normally available under the laws of this state to enforce a registered child custody determination ...
- Florida Civil Practice And Procedure Code Section 61.530; Simultaneous proceedings.
If a proceeding for enforcement under ss. 61.524-61.540 is commenced in a court of this state and the court determines that a ...
- Florida Civil Practice And Procedure Code Section 61.531; Expedited enforcement of child custody determination.
(1) A petition under ss. 61.524-61.540 must be verified. Certified copies of all orders sought to be enforced and of any order ...
- Florida Civil Practice And Procedure Code Section 61.532; Service of petition and order.
Except as otherwise provided in s. 61.534, the petition and order must be served by any method authorized by the laws of this state ...
- Florida Civil Practice And Procedure Code Section 61.533; Hearing and order.
(1) Unless the court enters a temporary emergency order under s. 61.517, upon a finding that a petitioner is entitled to immediate physical custody ...
- Florida Civil Practice And Procedure Code Section 61.534; Warrant to take physical custody of child.
(1) Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of ...
- Florida Civil Practice And Procedure Code Section 61.535; Costs, fees, and expenses.
(1) So long as the court has personal jurisdiction over the party against whom the expenses are being assessed, the court shall award the prevailing ...
- Florida Civil Practice And Procedure Code Section 61.536; Recognition and enforcement.
A court of this state shall accord full faith and credit to an order issued by another state and consistent with this part which enforces ...
- Florida Civil Practice And Procedure Code Section 61.537; Appeals.
An appeal may be taken from a final order in a proceeding under ss. 61.524-61.540 in accordance with expedited appellate procedures in ...
- Florida Civil Practice And Procedure Code Section 61.538; Role of state attorney.
(1) In a case arising under this part or involving the Hague Convention on the Civil Aspects of International Child Abduction, the state attorney may ...
- Florida Civil Practice And Procedure Code Section 61.539; Role of law enforcement officers.
At the request of a state attorney acting under s. 61.538, a law enforcement officer may take any lawful action reasonably necessary to locate ...
- Florida Civil Practice And Procedure Code Section 61.540; Costs and expenses.
The court may assess against the nonprevailing party all direct expenses and costs incurred by the state attorney and law enforcement officers under s. 61....
- Florida Civil Practice And Procedure Code Section 61.541; Application and construction.
In applying and construing this part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter ...
- Florida Civil Practice And Procedure Code Section 61.542; Transitional provision.
A motion or other request for relief made in a child custody proceeding or to enforce a child custody determination that was commenced before the ...
- Florida Civil Practice And Procedure Code Section 63.012; Short title.
This chapter shall be known as the "Florida Adoption ...
- Florida Civil Practice And Procedure Code Section 63.022; Legislative intent.
(1) The Legislature finds that: (a) The state has a compelling interest in providing stable and permanent homes for adoptive children in a prompt manner, ...
- Florida Civil Practice And Procedure Code Section 63.032; Definitions.
As used in this chapter, the term: (1) "Abandoned" means a situation in which the parent or person having legal custody of a child, while ...
- Florida Civil Practice And Procedure Code Section 63.037; Proceedings applicable to cases resulting from a termination of parental rights under chapter 39.
A case in which a minor becomes available for adoption after the parental rights of each parent have been terminated by a judgment entered pursuant ...
- Florida Civil Practice And Procedure Code Section 63.039; Duty of adoption entity to prospective adoptive parents; sanctions.
(1) An adoption entity placing a minor for adoption has an affirmative duty to follow the requirements of this chapter and specifically the following provisions, ...
- Florida Civil Practice And Procedure Code Section 63.042; Who may be adopted; who may adopt.
(1) Any person, a minor or an adult, may be adopted. (2) The following persons may adopt: (a) A husband and wife jointly; (b) An ...
- Florida Civil Practice And Procedure Code Section 63.0423; Procedures with respect to abandoned infants.
(1) A licensed child-placing agency that takes physical custody of an infant abandoned at a hospital, emergency medical services station, or fire station pursuant ...
- Florida Civil Practice And Procedure Code Section 63.0425; Grandparent's right to adopt.
(1) When a child has lived with a grandparent for at least 6 months within the 24-month period immediately preceding the filing of a ...
- Florida Civil Practice And Procedure Code Section 63.0427; Adopted minor's right to continued communication or contact with siblings and other relatives.
(1) A child whose parents have had their parental rights terminated and whose custody has been awarded to the department pursuant to s. 39.811, ...
- Florida Civil Practice And Procedure Code Section 63.043; Mandatory screening or testing for sickle-cell trait prohibited.
No person, firm, corporation, unincorporated association, state agency, unit of local government, or any public or private entity shall require screening or testing for the ...
- Florida Civil Practice And Procedure Code Section 63.052; Guardians designated; proof of commitment.
(1) For minors who have been placed for adoption with and permanently committed to an adoption entity, other than an intermediary, such adoption entity shall ...
- Florida Civil Practice And Procedure Code Section 63.053; Rights and responsibilities of an unmarried biological father; legislative findings.
(1) In enacting the provisions contained in this chapter, the Legislature prescribes the conditions for determining whether an unmarried biological father's actions are sufficiently ...
- Florida Civil Practice And Procedure Code Section 63.054; Actions required by an unmarried biological father to establish parental rights; Florida Putative Father Registry.
(1) In order to preserve the right to notice and consent to an adoption under this chapter, an unmarried biological father must, as the "registrant," ...
- Florida Civil Practice And Procedure Code Section 63.0541; Public records exemption for the Florida Putative Father Registry.
(1) All information contained in the Florida Putative Father Registry and maintained by the Office of Vital Statistics within the Department of Health is confidential ...
- Florida Civil Practice And Procedure Code Section 63.062; Persons required to consent to adoption; affidavit of nonpaternity; waiver of venue.
(1) Unless supported by one or more of the grounds enumerated under s. 63.089(3), a petition to terminate parental rights pending adoption may ...
- Florida Civil Practice And Procedure Code Section 63.063; Responsibility of each party for their own actions; fraud or misrepresentation; statutory compliance.
(1) Each parent of a child conceived or born outside of marriage is responsible for his or her own actions and is not excused from ...
- Florida Civil Practice And Procedure Code Section 63.064; Persons whose consent to an adoption may be waived.
The court may waive the consent of the following individuals to an adoption: (1) A parent who has deserted a child without means of identification ...
- Florida Civil Practice And Procedure Code Section 63.082; Execution of consent to adoption or affidavit of nonpaternity; family social and medical history; withdrawal of consent.
(1)(a) Consent to an adoption or an affidavit of nonpaternity shall be executed as follows: 1. If by the person to be adopted, by ...
- Florida Civil Practice And Procedure Code Section 63.085; Disclosure by adoption entity.
(1) DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE ADOPTIVE PARENTS.--Not later than 14 days after a person seeking to adopt a minor or a person ...
- Florida Civil Practice And Procedure Code Section 63.087; Proceeding to terminate parental rights pending adoption; general provisions.
(1) JURISDICTION.--A court of this state which is competent to decide child welfare or custody matters has jurisdiction to hear all matters arising from ...
- Florida Civil Practice And Procedure Code Section 63.088; Proceeding to terminate parental rights pending adoption; notice and service; diligent search.
(1) NOTICE REQUIRED.--An unmarried biological father, by virtue of the fact that he has engaged in a sexual relationship with a woman, is deemed ...
- Florida Civil Practice And Procedure Code Section 63.089; Proceeding to terminate parental rights pending adoption; hearing; grounds; dismissal of petition; judgment.
(1) HEARING.--The court may terminate parental rights pending adoption only after a hearing. (2) HEARING PREREQUISITES.--The court may hold the hearing only when: (...
- Florida Civil Practice And Procedure Code Section 63.092; Report to the court of intended placement by an adoption entity; at-risk placement; preliminary study.
(1) REPORT TO THE COURT.--The adoption entity must report any intended placement of a minor for adoption with any person who is not a ...
- Florida Civil Practice And Procedure Code Section 63.097; Fees.
(1) When the adoption entity is an agency, fees may be assessed if they are approved by the department within the process of licensing the ...
- Florida Civil Practice And Procedure Code Section 63.102; Filing of petition for adoption or declaratory statement; venue; proceeding for approval of fees and costs.
(1) PETITION FOR ADOPTION.--A petition for adoption may not be filed until after the entry of the judgment terminating parental rights pending adoption under ...
- Florida Civil Practice And Procedure Code Section 63.112; Petition for adoption; description; report or recommendation, exceptions; mailing.
(1) The petition for adoption shall be signed and verified by the petitioner and filed with the clerk of the court and shall state: (a) ...
- Florida Civil Practice And Procedure Code Section 63.122; Notice of hearing on petition.
(1) The hearing on the petition to adopt a minor may not be held sooner than 30 days after the date the judgment terminating parental ...
- Florida Civil Practice And Procedure Code Section 63.125; Final home investigation.
(1) The final home investigation must be conducted before the adoption becomes final. The investigation may be conducted by a licensed child-placing agency or ...
- Florida Civil Practice And Procedure Code Section 63.132; Affidavit of expenses and receipts.
(1) Before the hearing on the petition for adoption, the prospective adoptive parent and any adoption entity must file two copies of an affidavit under ...
- Florida Civil Practice And Procedure Code Section 63.135; Information under oath to be submitted to the court.
(1) Each party in an adoption proceeding, in the first pleading or in an affidavit attached to that pleading, shall give information under oath as ...
- Florida Civil Practice And Procedure Code Section 63.142; Hearing; judgment of adoption.
(1) APPEARANCE.--The petitioner and the person to be adopted shall appear either in person or, with the permission of the court, telephonically before a ...
- Florida Civil Practice And Procedure Code Section 63.152; Application for new birth record.
Within 30 days after entry of a judgment of adoption, the clerk of the court shall transmit a certified statement of the entry to the ...
- Florida Civil Practice And Procedure Code Section 63.162; Hearings and records in adoption proceedings; confidential nature.
(1) All hearings held in proceedings under this act shall be held in closed court without admittance of any person other than essential officers of ...
- Florida Civil Practice And Procedure Code Section 63.165; State registry of adoption information; duty to inform and explain.
Notwithstanding any other law to the contrary, the department shall maintain a registry with the last known names and addresses of an adoptee and his ...
- Florida Civil Practice And Procedure Code Section 63.167; State adoption information center.
(1) The department shall establish a state adoption information center for the purpose of increasing public knowledge about adoption and promoting to adolescents and pregnant ...
- Florida Civil Practice And Procedure Code Section 63.172; Effect of judgment of adoption.
(1) A judgment of adoption, whether entered by a court of this state, another state, or of any other place, has the following effect: (a) ...
- Florida Civil Practice And Procedure Code Section 63.182; Statute of repose.
(1) Notwithstanding s. 95.031 or s. 95.11 or any other statute, an action or proceeding of any kind to vacate, set aside, or ...
- Florida Civil Practice And Procedure Code Section 63.192; Recognition of foreign judgment affecting adoption.
A judgment of court terminating the relationship of parent and child or establishing the relationship by adoption issued pursuant to due process of law by ...
- Florida Civil Practice And Procedure Code Section 63.202; Authority to license; adoption of rules.
(1) The Department of Children and Family Services is authorized and empowered to license child welfare agencies that it determines to be qualified to place ...
- Florida Civil Practice And Procedure Code Section 63.207; Out-of-state placement.
(1) Unless the parent placing a minor for adoption files an affidavit that the parent chooses to place the minor outside the state, giving the ...
- Florida Civil Practice And Procedure Code Section 63.212; Prohibited acts; penalties for violation.
(1) It is unlawful for any person: (a) To place or attempt to place a minor for adoption with a person who primarily lives and ...
- Florida Civil Practice And Procedure Code Section 63.213; Preplanned adoption agreement.
(1) Individuals may enter into a preplanned adoption arrangement as specified in this section, but such arrangement may not in any way: (a) Effect final ...
- Florida Civil Practice And Procedure Code Section 63.219; Sanctions.
Upon a finding by the court that an adoption entity has willfully violated any substantive provision of this chapter relative to the rights of the ...
- Florida Civil Practice And Procedure Code Section 63.222; Effect on prior adoption proceedings.
Any adoption made before the effective date of this act shall be valid, and any proceedings pending on the effective date of this act are ...
- Florida Civil Practice And Procedure Code Section 63.232; Duty of person adopting.
In order to protect the rights of all the parties involved in an adoption, any person adopting or attempting to adopt another person shall comply ...
- Florida Civil Practice And Procedure Code Section 63.2325; Conditions for revocation of a consent to adoption or affidavit of nonpaternity.
Notwithstanding the requirements of this chapter, a failure to meet any of those requirements does not constitute grounds for revocation of a consent to adoption ...
- Florida Civil Practice And Procedure Code Section 63.233; Rulemaking authority.
The department shall adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this ...
- Florida Civil Practice And Procedure Code Section 63.235; Petitions filed before effective date; governing law.
Any petition for adoption filed before the effective date of this act shall be governed by the law in effect at the time the petition ...
- Florida Civil Practice And Procedure Code Section 64.011; Jurisdiction.
All actions for partition are in ...
- Florida Civil Practice And Procedure Code Section 64.022; Venue.
Partition shall be brought in any county where the lands or any part thereof lie which are the subject matter of the ...
- Florida Civil Practice And Procedure Code Section 64.031; Parties.
The action may be filed by any one or more of several joint tenants, tenants in common, or coparceners, against their cotenants, coparceners, or others ...
- Florida Civil Practice And Procedure Code Section 64.041; Complaint.
The complaint shall allege a description of the lands of which partition is demanded, the names and places of residence of the owners, joint tenants, ...
- Florida Civil Practice And Procedure Code Section 64.051; Judgment.
The court shall adjudge the rights and interests of the parties, and that partition be made if it appears that the parties are entitled to ...
- Florida Civil Practice And Procedure Code Section 64.061; Commissioners; special magistrate.
(1) APPOINTMENT AND REMOVAL.--When a judgment of partition is made, the court shall appoint three suitable persons as commissioners to make the partition. They ...
- Florida Civil Practice And Procedure Code Section 64.071; Sale where nondivisible.
(1) ORDER OF SALE.--If the commissioners report that the lands of which partition is directed are so situated that partition cannot be made without ...
- Florida Civil Practice And Procedure Code Section 64.081; Costs; taxes; attorneys' fees.
Every party shall be bound by the judgment to pay a share of the costs, including attorneys' fees to plaintiff's or defendant's attorneys ...
- Florida Civil Practice And Procedure Code Section 64.091; Personalty.
The laws applicable to partition and sale for partition of real estate are applicable to the partition and sale for partition of personal property and ...
- Florida Civil Practice And Procedure Code Section 65.011; Real estate; certain jurisdiction over.
Chancery courts have jurisdiction of actions by any person or corporation claiming to own any land or part thereof, or by two or more claiming ...
- Florida Civil Practice And Procedure Code Section 65.021; Real estate; removing clouds.
Chancery courts have jurisdiction of actions brought by any person or corporation, whether in actual possession or not, claiming legal or equitable title to land ...
- Florida Civil Practice And Procedure Code Section 65.031; Real estate; removing clouds; plaintiffs.
An action in chancery for quieting title to, or clearing a cloud from, land may be maintained in the name of the owner or of ...
- Florida Civil Practice And Procedure Code Section 65.041; Real estate; removing clouds; defendants.
No person not a party to the action is bound by any judgment rendered adverse to his or her interest, but any judgment favorable to ...
- Florida Civil Practice And Procedure Code Section 65.051; Real estate; removing clouds; joinder.
Two or more persons who are interested in removing a cloud from or quieting title to land as against the same clouds or adverse claims ...
- Florida Civil Practice And Procedure Code Section 65.061; Quieting title; additional remedy.
(1) JURISDICTION.--Chancery courts have jurisdiction of actions by any person or corporation claiming legal or equitable title to any land, or part thereof, or ...
- Florida Civil Practice And Procedure Code Section 65.071; Quieting title; deeds without joinder of wife when separated for 30 years.
An action in chancery may be brought to quiet title to land to preclude any wife from claiming dower or any heirs from claiming any ...
- Florida Civil Practice And Procedure Code Section 65.081; Tax titles; quieting title.
(1) PARTIES.--Any grantee under any tax deed issued by the state, or any municipality or other political subdivision thereof, or any purchaser from the ...
- Florida Civil Practice And Procedure Code Section 66.011; Common-law ejectment abolished.
In ejectment it is not necessary to have any fictitious parties. Plaintiff may bring action directly against the party in possession or claiming ...
- Florida Civil Practice And Procedure Code Section 66.021; Procedure.
(1) LANDLORD NOT A DEFENDANT.--When it appears before trial that a defendant in ejectment is in possession as a tenant and that his or ...
- Florida Civil Practice And Procedure Code Section 66.031; Verdict and judgment.
(1) VERDICT.--A verdict for plaintiff shall state the quantity of the estate of plaintiff, and describe the land by metes and bounds, lot number ...
- Florida Civil Practice And Procedure Code Section 66.041; Betterment, petition.
If a judgment of eviction is rendered against defendant, within 60 days thereafter, or if he or she has appealed, within 20 days after filing ...
- Florida Civil Practice And Procedure Code Section 66.051; Betterment, answer.
The plaintiff in the judgment of eviction may file written defenses to the petition within 20 days after service of the ...
- Florida Civil Practice And Procedure Code Section 66.061; Betterment, trial and verdict.
If an answer is filed, trial shall be on the issues made. If no answer is filed, trial shall be ex parte, but defendant is ...
- Florida Civil Practice And Procedure Code Section 66.071; Betterment, judgment for plaintiff.
On rendition of the verdict the clerk shall ascertain whether the balance of the last three assessments (that is, of the value of the improvements, ...
- Florida Civil Practice And Procedure Code Section 66.081; Betterment, judgment for defendant.
If the verdict is in favor of defendant and the balance of assessments is also in defendant's favor, a judgment for costs shall be ...
- Florida Civil Practice And Procedure Code Section 66.091; Betterment, payment by plaintiff.
The plaintiff may pay the balance in cash or may give defendant a bond with surety to be approved by the clerk, conditioned to pay ...
- Florida Civil Practice And Procedure Code Section 66.101; Betterment, payment by defendant.
If plaintiff does not pay or secure the sum within 20 days, within 20 days thereafter defendant may pay to plaintiff the value of the ...
- Florida Civil Practice And Procedure Code Section 68.01; Declaring tax assessment invalid.
When an assessment is made against any person, body politic or corporate and payment is refused on an allegation of illegality of the assessment, the ...
- Florida Civil Practice And Procedure Code Section 68.02; Ne exeat.
(1) WHEN TO ISSUE.--No writ of ne exeat shall be granted until a verified complaint is filed demanding the writ. It may issue in ...
- Florida Civil Practice And Procedure Code Section 68.03; Sequestration; proceedings prescribed.
(1) If any action is commenced in chancery against any defendant residing out of this state and any other defendant within the state has in ...
- Florida Civil Practice And Procedure Code Section 68.04; Chancery jurisdiction over liens.
All liens of any kind, whether created by statute or the common law, and whether heretofore regarded as merely possessory or not, may be enforced ...
- Florida Civil Practice And Procedure Code Section 68.05; Creditors' bills.
Creditors' bills may be filed in chancery before the claims of indebtedness of the persons filing them have been reduced to judgment, but no such ...
- Florida Civil Practice And Procedure Code Section 68.06; Actions upon negotiable and other instruments; consideration, etc.
All bonds, notes, covenants, deeds, bills of exchange, and other written instruments not under seal have the same force and effect (so far as the ...
- Florida Civil Practice And Procedure Code Section 68.065; Actions to collect worthless checks, drafts, or orders of payment; attorney's fees and collection costs.
(1) In any civil action brought for the purpose of collecting a check, draft, or order of payment, the payment of which was refused by ...
- Florida Civil Practice And Procedure Code Section 68.07; Change of name.
(1) Chancery courts have jurisdiction to change the name of any person residing in this state on petition of the person filed in the county ...
- Florida Civil Practice And Procedure Code Section 68.081; Florida False Claims Act; short title; purpose.
(1) Sections 68.081-68.09 may be cited as the "Florida False Claims Act." (2) The purpose of the Florida False Claims Act is ...
- Florida Civil Practice And Procedure Code Section 68.082; False claims against the state; definitions; liability.
(1) As used in this section, the term: (a) "Agency" means any official, officer, commission, board, authority, council, committee, or department of the executive branch ...
- Florida Civil Practice And Procedure Code Section 68.083; Civil actions for false claims.
(1) The department may diligently investigate a violation under s. 68.082. If the department finds that a person has violated or is violating s. ...
- Florida Civil Practice And Procedure Code Section 68.084; Rights of the parties in civil actions.
(1) If the department, on behalf of the state, proceeds with the action, it has the primary responsibility for prosecuting the action, and is not ...
- Florida Civil Practice And Procedure Code Section 68.085; Awards to plaintiffs bringing action.
(1) If the department proceeds with and prevails in an action brought by a person under this act, except as provided in subsection (2), the ...
- Florida Civil Practice And Procedure Code Section 68.086; Expenses; attorney's fees and costs.
(1) If the department initiates an action under this act or assumes control of an action brought by a person under this act, the department ...
- Florida Civil Practice And Procedure Code Section 68.087; Exemptions to civil actions.
(1) No court shall have jurisdiction over an action brought under this act against a member of the Legislature, a member of the judiciary, or ...
- Florida Civil Practice And Procedure Code Section 68.088; Protection for participating employees.
Any employee who is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment by his ...
- Florida Civil Practice And Procedure Code Section 68.089; Limitation of actions.
A civil action under this act may not be brought: (1) More than 5 years after the date on which the violation of s. 68....
- Florida Civil Practice And Procedure Code Section 68.09; Burden of proof.
In any action brought under this act, the State of Florida or the qui tam plaintiff shall be required to prove all essential elements of ...
- Florida Civil Practice And Procedure Code Section 68.091; Construction and severability of provisions.
(1) This act shall be liberally construed to effectuate its remedial and deterrent purposes. (2) If any provision of this act or its application to ...
- Florida Civil Practice And Procedure Code Section 68.092; Deposit of recovered moneys.
All moneys recovered by the Chief Financial Officer as head of the Department of Financial Services under s. 68.086(1) in any civil action ...
- Florida Civil Practice And Procedure Code Section 68.093; Florida Vexatious Litigant Law.
(1) This section may be cited as the "Florida Vexatious Litigant Law." (2) As used in section, the term: (a) "Action" means a civil action ...
- Florida Civil Practice And Procedure Code Section 68.094; Short title.
This act may be cited as the "Florida Access to Civil Legal Assistance ...
- Florida Civil Practice And Procedure Code Section 68.095; Legislative intent.
It is the intent of the Legislature to establish an administrative framework whereby public funds may be used in an effective and efficient manner to ...
- Florida Civil Practice And Procedure Code Section 68.096; Definitions.
For purposes of this act: (1) "Department" means the Department of Community Affairs. (2) "Eligible client" means a person whose income is equal to or ...
- Florida Civil Practice And Procedure Code Section 68.097; Authority and duties of the department.
The department shall have the powers necessary or appropriate to carry out the purposes and provisions of this act, including, but not limited to, the ...
- Florida Civil Practice And Procedure Code Section 68.098; Limitations.
No funds received or allocated pursuant to this act shall be used to: (1) Lobby or influence the passage or defeat of any legislation before ...
- Florida Civil Practice And Procedure Code Section 68.099; Funding.
In connection with funds received pursuant to this act, the department shall contract with a not-for-profit, charitable organization that meets the qualifications of ...
- Florida Civil Practice And Procedure Code Section 68.10; Eligible activities.
Funds received or allocated pursuant to this act may be used to secure the legal rights of eligible clients relating to family law, juvenile law, ...
- Florida Civil Practice And Procedure Code Section 68.101; Accountability.
In any contract allocating funds pursuant to this act, the department shall ensure that funds received or allocated pursuant to this act are expended in ...
- Florida Civil Practice And Procedure Code Section 68.102; State support.
Programs funded pursuant to this act shall be eligible for state support, including, but not limited to, access to the SUNCOM Network services. Accounts for ...
- Florida Civil Practice And Procedure Code Section 68.103; Unconstitutionality or unenforceability of fund limitations.
If any of the limitations on the use of funds received or allocated under this act is found to violate the Constitution of the United ...
- Florida Civil Practice And Procedure Code Section 68.104; Construction.
This act shall not be construed to create a statutory right to counsel in any proceeding. This act shall not be construed to create any ...
- Florida Civil Practice And Procedure Code Section 68.105; Use of funds; reports.
All appropriations made for the purposes of this act shall only be used for legal education or assistance in family law, juvenile law, entitlement to ...
- Florida Civil Practice And Procedure Code Section 69.011; Supreme Court; bond not to be required of certain officers in certain original proceedings.
Constitutional officers of the state, boards of county commissioners, and school boards of the several counties of this state shall not be required to furnish ...
- Florida Civil Practice And Procedure Code Section 69.021; Bondholders' committee.
(1) SELECTION.--In any action to foreclose the lien of any mortgage or deed of trust given to secure any issue of bonds or other ...
- Florida Civil Practice And Procedure Code Section 69.031; Designated financial institutions for assets in hands of guardians, curators, administrators, trustees, receivers, or other officers.
(1) When it is expedient in the judgment of any court having jurisdiction of any estate in process of administration by any guardian, curator, executor, ...
- Florida Civil Practice And Procedure Code Section 69.041; State named party; lien foreclosure, suit to quiet title.
(1) Under the conditions prescribed in this section for the protection of the state, the state may be named a party to a civil action ...
- Florida Civil Practice And Procedure Code Section 69.051; General and special magistrates; compensation.
General and special magistrates appointed by the court shall be allowed such compensation for any services as the court deems reasonable, including time consumed in ...
- Florida Civil Practice And Procedure Code Section 69.061; Loss of negotiable instrument; indemnity.
The court may order that the loss of a negotiable instrument shall not be set up in any action to recover on it if satisfactory ...
- Florida Civil Practice And Procedure Code Section 69.071; Number of jurors.
In all civil actions when a jury is impaneled, a jury of six qualified jurors is ...
- Florida Civil Practice And Procedure Code Section 69.081; Sunshine in litigation; concealment of public hazards prohibited.
(1) This section may be cited as the "Sunshine in Litigation Act." (2) As used in this section, "public hazard" means an instrumentality, including but ...
- Florida Civil Practice And Procedure Code Section 70.001; Private property rights protection.
(1) This act may be cited as the "Bert J. Harris, Jr., Private Property Rights Protection Act." The Legislature recognizes that some laws, regulations, and ...
- Florida Civil Practice And Procedure Code Section 70.20; Balancing of interests.
It is a policy of this state to encourage municipalities, counties, and other governmental entities and sign owners to enter into relocation and reconstruction agreements ...
- Florida Civil Practice And Procedure Code Section 70.51; Land use and environmental dispute resolution.
(1) This section may be cited as the "Florida Land Use and Environmental Dispute Resolution Act." (2) As used in this section, the term: (a) "...
- Florida Civil Practice And Procedure Code Section 70.80; Construction of ss. 70.001 and 70.51.
It is the express declaration of the Legislature that ss. 70.001 and 70.51 have separate and distinct bases, objectives, applications, and processes. It ...
- Florida Civil Practice And Procedure Code Section 71.011; Reestablishment of papers, records, and files.
All papers, written or printed, of any kind whatsoever, and the records and files of any official, court or public office, may be reestablished in ...
- Florida Civil Practice And Procedure Code Section 71.021; Reestablishment of record of marks and brands.
The person desiring the reestablishment of the record of any marks or brands shall file a verified complaint in chancery describing the particular mark or ...
- Florida Civil Practice And Procedure Code Section 71.031; Reestablishment of proceedings in pending actions.
Lost or destroyed proceedings and any paper or file affecting them in any actions pending and undetermined in any court may be reestablished by the ...
- Florida Civil Practice And Procedure Code Section 71.041; Reestablishment of land titles destroyed by fire.
(1) JURISDICTION.--When the records in any county or any material part thereof have been destroyed by fire so that a connected chain of title ...
- Florida Civil Practice And Procedure Code Section 72.011; Jurisdiction of circuit courts in specific tax matters; administrative hearings and appeals; time for commencing action; parties; deposits.
(1)(a) A taxpayer may contest the legality of any assessment or denial of refund of tax, fee, surcharge, permit, interest, or penalty provided for ...
- Florida Civil Practice And Procedure Code Section 72.031; Actions under s. 72.011(1); parties; service of process.
(1) In any action brought in circuit court pursuant to s. 72.011(1), the person initiating the action shall be the plaintiff and the ...
- Florida Civil Practice And Procedure Code Section 72.041; Tax liabilities arising under the laws of other states.
Actions to enforce lawfully imposed sales, use, and corporate income taxes and motor and other fuel taxes of another state may be brought in a ...
- Florida Civil Practice And Procedure Code Section 73.012; Procedure.
Actions in eminent domain shall be governed by the rules of civil procedure and the appellate rules unless otherwise provided by this ...
- Florida Civil Practice And Procedure Code Section 73.013; Conveyance of property taken by eminent domain; preservation of government entity communications services eminent domain limitation; exception to restrictions on power of eminent domain.
(1) Notwithstanding any other provision of law, including any charter provision, ordinance, statute, or special law, if the state, any political subdivision as defined in ...
- Florida Civil Practice And Procedure Code Section 73.014; Taking property to eliminate nuisance, slum, or blight conditions prohibited.
(1) Notwithstanding any other provision of law, including any charter provision, ordinance, statute, or special law, the state, any political subdivision as defined in s. ...
- Florida Civil Practice And Procedure Code Section 73.015; Presuit negotiation.
(1) Effective July 1, 2000, before an eminent domain proceeding is brought under this chapter or chapter 74, the condemning authority must attempt to negotiate ...
- Florida Civil Practice And Procedure Code Section 73.0155; Confidentiality; business information provided to a governmental condemning authority.
(1) The following business information provided by the owner of a business to a governmental condemning authority as part of an offer of business damages ...
- Florida Civil Practice And Procedure Code Section 73.021; Petition; contents.
Those having the right to exercise the power of eminent domain may file a petition therefor in the circuit court of the county wherein the ...
- Florida Civil Practice And Procedure Code Section 73.031; Process; service and publication.
(1) Upon the filing of the petition, the clerk of the court shall issue a summons to show cause why the property should not be ...
- Florida Civil Practice And Procedure Code Section 73.032; Offer of judgment.
(1) This section shall provide the exclusive offer of judgment provisions for eminent domain actions. (2) The petitioner may serve a defendant with an offer ...
- Florida Civil Practice And Procedure Code Section 73.041; Acquiring or perfecting title after appropriation.
In any instance, where the petitioner has not acquired the title to or a necessary interest in any lands which it is using, or if ...
- Florida Civil Practice And Procedure Code Section 73.051; Returns; defaults.
Any person interested in or having a lien upon the property, whether named as a defendant or not, may file his or her written defenses ...
- Florida Civil Practice And Procedure Code Section 73.0511; Prelitigation notice.
Prior to instituting litigation, the condemning authority shall notify the fee owners of statutory rights under s. 73....
- Florida Civil Practice And Procedure Code Section 73.061; Pretrial hearing.
(1) Prior to the date of trial, the court may hold a hearing, in limine, to settle all disputed matters properly before it which must ...
- Florida Civil Practice And Procedure Code Section 73.071; Jury trial; compensation; severance damages; business damages.
(1) When the action is at issue, and only upon notice and hearing to set the cause for trial, the court shall impanel a jury ...
- Florida Civil Practice And Procedure Code Section 73.0715; Valuation of electric utility property.
When any person having the right to exercise the power of eminent domain seeks the appropriation of property used for the generation, transmission, or distribution ...
- Florida Civil Practice And Procedure Code Section 73.072; Mobile home parks; compensation for permanent improvements by mobile home owners.
(1) When all or a portion of a mobile home park as defined in s. 723.003(6) is appropriated under this chapter, the condemning ...
- Florida Civil Practice And Procedure Code Section 73.073; Eminent domain procedure with respect to condominium common elements.
(1) Any other provision of this chapter or any other provision of the Florida Statutes to the contrary notwithstanding, the procedure for the exercise of ...
- Florida Civil Practice And Procedure Code Section 73.081; Form of verdict.
The verdict of the jury shall state an accurate description of each parcel of the property sought to be appropriated and the amount to be ...
- Florida Civil Practice And Procedure Code Section 73.091; Costs of the proceedings.
(1) The petitioner shall pay attorney's fees as provided in s. 73.092 as well as all reasonable costs incurred in the defense of ...
- Florida Civil Practice And Procedure Code Section 73.092; Attorney's fees.
(1) Except as otherwise provided in this section and s. 73.015, the court, in eminent domain proceedings, shall award attorney's fees based solely ...
- Florida Civil Practice And Procedure Code Section 73.101; Form of judgment.
The judgment shall recite the verdict in full and shall state that the estate or interest in the property described in the petition and sought ...
- Florida Civil Practice And Procedure Code Section 73.111; Deposit and possession.
Within 20 days after the rendition of the judgment, the petitioner shall deposit the amount set forth therein into the registry of the court for ...
- Florida Civil Practice And Procedure Code Section 73.121; Writs of assistance and possession.
Whenever the judge is satisfied that any person, whether holding under the defendant or not, is preventing or obstructing the petitioner from entering upon or ...
- Florida Civil Practice And Procedure Code Section 73.131; Appeals; costs.
(1) Appeals in eminent domain actions shall be taken in the manner prescribed by law and in accordance with the appellate rules, except that an ...
- Florida Civil Practice And Procedure Code Section 73.141; Payment.
(1) In the event that no appeal has been taken within the time and in the manner provided by the Florida Rules of Appellate Procedure, ...
- Florida Civil Practice And Procedure Code Section 73.151; Railroads and canal companies.
(1) Whenever land sought to be condemned to the use of a railroad or canal company is in the possession, under any law of this ...
- Florida Civil Practice And Procedure Code Section 73.161; Right-of-way for telephone and telegraph over railroad right-of-way.
(1) If any telegraph or telephone company fails to secure the consent of any railroad or railway company for the construction of its lines along ...
- Florida Civil Practice And Procedure Code Section 74.011; Scope.
In any eminent domain action, properly instituted by and in the name of the state; the Department of Transportation; any county, school board, municipality, expressway ...
- Florida Civil Practice And Procedure Code Section 74.021; Rights under this chapter; additional.
The right to take possession and title in advance of final judgment in eminent domain actions, as provided by this law, shall be in addition ...
- Florida Civil Practice And Procedure Code Section 74.031; Declaration of taking; contents.
Those having the right to take possession and title in advance of the entry of final judgment in eminent domain actions, as provided by law, ...
- Florida Civil Practice And Procedure Code Section 74.041; Process; service and publication.
(1) Upon the filing of the declaration of taking, the clerk of the court shall issue a summons to show cause to the defendants, containing ...
- Florida Civil Practice And Procedure Code Section 74.051; Hearing on order of taking.
(1) If a defendant requests a hearing pursuant to s. 74.041(3), said defendant may appear and be heard on all matters properly before ...
- Florida Civil Practice And Procedure Code Section 74.061; Vesting of title or interest sought.
Immediately upon the making of the deposit, the title or interest specified in the petition shall vest in the petitioner, and the said lands shall ...
- Florida Civil Practice And Procedure Code Section 74.071; Paying over funds in court.
At any time, prior to the entry of final judgment, and upon motion by the proper defendants, the court may direct that the sum of ...
- Florida Civil Practice And Procedure Code Section 74.081; Proceedings as evidence.
Neither the declaration of taking, nor the amount of the deposit, shall be admissible in evidence in any ...
- Florida Civil Practice And Procedure Code Section 74.091; Effect of failure to pay final judgment.
Where an order of taking has been entered and deposit made, the failure of the petitioner to pay into the court the compensation ascertained by ...
- Florida Civil Practice And Procedure Code Section 74.101; Rights of housing authority after taking.
In any action in which any housing authority created under the laws of Florida has taken or may take possession of any real property in ...
- Florida Civil Practice And Procedure Code Section 74.111; Drainage districts and housing authorities.
In any action instituted by a drainage or subdrainage district, or housing authority wherein the petitioner seeks to avail itself of the provisions of this ...
- Florida Civil Practice And Procedure Code Section 75.01; Jurisdiction.
Circuit courts have jurisdiction to determine the validation of bonds and certificates of indebtedness and all matters connected ...
- Florida Civil Practice And Procedure Code Section 75.02; Plaintiff.
Any county, municipality, taxing district or other political district or subdivision of this state, including the governing body of any drainage, conservation or reclamation district, ...
- Florida Civil Practice And Procedure Code Section 75.03; Condition precedent.
As a condition precedent to filing of a complaint for the validation of bonds or certificates of debt, the county, municipality, state agency, commission or ...
- Florida Civil Practice And Procedure Code Section 75.04; Complaint.
(1) The complaint shall set out the plaintiff's authority for incurring the bonded debt or issuing certificates of debt, the holding of an election ...
- Florida Civil Practice And Procedure Code Section 75.05; Order and service.
(1) The court shall issue an order directed against the state and the several property owners, taxpayers, citizens and others having or claiming any right, ...
- Florida Civil Practice And Procedure Code Section 75.06; Publication of notice.
(1) Before the date set for hearing, the clerk shall publish a copy of the order in the county where the complaint is filed, and ...
- Florida Civil Practice And Procedure Code Section 75.07; Intervention; hearings.
Any property owner, taxpayer, citizen or person interested may become a party to the action by moving against or pleading to the complaint at or ...
- Florida Civil Practice And Procedure Code Section 75.08; Appeal and review.
Any party to the action whether plaintiff, defendant, intervenor or otherwise, dissatisfied with the final judgment, may appeal to the Supreme Court within the time ...
- Florida Civil Practice And Procedure Code Section 75.09; Effect of final judgment.
If the judgment validates such bonds, certificates or other obligations, which may include the validation of the county, municipality, taxing district, political district, subdivision, agency, ...
- Florida Civil Practice And Procedure Code Section 75.10; Recording of judgment in other counties.
If any judgment extends into more than one county it shall be recorded in each county in which the plaintiff municipality or district ...
- Florida Civil Practice And Procedure Code Section 75.11; Stamping instruments validated.
(1) Bonds or certificates, when validated under this chapter, shall have stamped or written thereon, by the proper officers of such county, municipality or district ...
- Florida Civil Practice And Procedure Code Section 75.12; Payment of costs.
The costs shall be paid by the county, municipality, or district filing the complaint except when a taxpayer, citizen, or other person contests the action ...
- Florida Civil Practice And Procedure Code Section 75.13; Certain prior proceedings validated.
Any action for validation heretofore brought by any municipality, special taxing district or political district or subdivision which extends into more than one county or ...
- Florida Civil Practice And Procedure Code Section 75.14; Landowner or taxpayer not disqualification of judge.
No judge shall be disqualified in any validation action because the judge is a landowner or taxpayer of any county, municipality, or district seeking relief ...
- Florida Civil Practice And Procedure Code Section 75.16; Certain orders and decrees validated.
All orders, decrees, and judgments heretofore or hereafter made in actions for the validation of bonds or certificates of indebtedness by any judge disqualified by ...
- Florida Civil Practice And Procedure Code Section 75.17; Commencement of action after validation; affidavit of good faith.
Every person who commences an action as taxpayer or otherwise to challenge the validity of any bonds or certificates or to prevent the use of ...
- Florida Civil Practice And Procedure Code Section 76.01; Right to attachment.
Any creditor may have an attachment at law against the goods and chattels, lands, and tenements of his or her debtor under the circumstances and ...
- Florida Civil Practice And Procedure Code Section 76.02; Attachment of corporate stock.
Shares of stock in any corporation incorporated by the laws of this state are subject to attachment under the circumstances hereinafter provided and in the ...
- Florida Civil Practice And Procedure Code Section 76.03; Courts from which attachments shall issue.
Attachments shall be issued by a judge of the court which has jurisdiction of the amount claimed by the creditor, but if the property to ...
- Florida Civil Practice And Procedure Code Section 76.04; Grounds when debt due.
The creditor may have an attachment on a debt actually due to the creditor by his or her debtor, when the debtor: (1) Will fraudulently ...
- Florida Civil Practice And Procedure Code Section 76.05; Grounds when debt not due.
Any creditor may have an attachment on a debt not due, when the debtor: (1) Is actually removing the property out of the state. (2) ...
- Florida Civil Practice And Procedure Code Section 76.06; Effect of attachment upon unmatured debt.
In attachments for debts not due, under s. 76.05, the existence of one or more of the special grounds assigned, and in case of ...
- Florida Civil Practice And Procedure Code Section 76.07; Attachment in aid of foreclosure.
Any creditor who is commencing or has commenced an action to foreclose a mortgage on personal property may have an attachment against the property, when ...
- Florida Civil Practice And Procedure Code Section 76.08; Procurement of attachment; generally.
Upon motion by plaintiff, a writ of attachment may issue when the grounds relied on for the issuance of the writ clearly appear from specific ...
- Florida Civil Practice And Procedure Code Section 76.09; Motion when debt due.
When the debt is actually due, the motion shall state the amount of the debt that is actually due, and that movant has reason to ...
- Florida Civil Practice And Procedure Code Section 76.10; Motion when debt not due.
When the debt is not actually due, the motion shall state the amount of the debt or demand; that it is actually an existing debt; ...
- Florida Civil Practice And Procedure Code Section 76.11; Motion for attachment in aid of foreclosure.
In attachments in aid of foreclosure of mortgages on personal property the motion shall describe the property on which the mortgage exists, and state that ...
- Florida Civil Practice And Procedure Code Section 76.12; Attachment bond.
No attachment shall issue until the person applying for it, the person's agent or attorney, makes a bond with surety to be approved by ...
- Florida Civil Practice And Procedure Code Section 76.13; Writ; form.
(1) GENERALLY.--The writ of attachment shall command the sheriff to attach and take into custody so much of the lands, tenements, goods, and chattels ...
- Florida Civil Practice And Procedure Code Section 76.14; Writ; effect of levy.
The levy of a writ of attachment does not operate to dispossess the tenant of any lands or tenements, but a levy on real or ...
- Florida Civil Practice And Procedure Code Section 76.151; Writ; execution on property changing possession.
If the property to be attached is in the possession of the defendant at the time of the issuance of the writ but passes into ...
- Florida Civil Practice And Procedure Code Section 76.16; Writ; levy in other counties.
(1) When plaintiff states in a motion for attachment that defendant has real or personal property in some county other than the one in which ...
- Florida Civil Practice And Procedure Code Section 76.17; Writ; levy upon property removed from county pending levy.
When personal property of the defendant is located in any county at the time an action is commenced in which an attachment issues but is ...
- Florida Civil Practice And Procedure Code Section 76.18; Return of property upon forthcoming bond.
At any time after execution of the writ, property attached may be restored to defendant or some other person for him or her on defendant ...
- Florida Civil Practice And Procedure Code Section 76.19; Return of property upon bond to pay debt.
Property attached may be restored to defendant (or in case of foreclosure of mortgage, to any person who makes affidavit that he or she is ...
- Florida Civil Practice And Procedure Code Section 76.20; Replevy of property taken by attachment.
If property taken under a writ of attachment is not subject to attachment, it may be replevied by ...
- Florida Civil Practice And Procedure Code Section 76.21; Claims of third parties to attached property.
If any attachment is levied on property claimed by any person other than defendant, such person may replevy it or interpose a claim in the ...
- Florida Civil Practice And Procedure Code Section 76.22; Custody of attached property; sale of perishables.
All personal property levied on by attachment, shall remain in custody of the officer who attached it until disposed of according to law unless it ...
- Florida Civil Practice And Procedure Code Section 76.24; Dissolution of attachment.
(1) The defendant by motion may obtain the dissolution of a writ of attachment unless the plaintiff proves the grounds upon which the writ was ...
- Florida Civil Practice And Procedure Code Section 76.25; Effect of dissolution.
(1) ON THE ACTION.--When an attachment is dissolved, the attachment only shall be dissolved, and plaintiff may prosecute the action to final judgment. (2) ...
- Florida Civil Practice And Procedure Code Section 76.251; When writ returnable.
A writ of attachment is returnable when fully executed or when the officer is convinced that no property can be found. If property is seized ...
- Florida Civil Practice And Procedure Code Section 76.31; Judgments.
If a default is entered for plaintiff and defendant has retaken the property on a forthcoming bond, final judgment shall be entered at the same ...
- Florida Civil Practice And Procedure Code Section 76.32; Attachment of vessels.
(1) WHEN APPLICABLE.--In all actions by any person, firm, corporation or association of persons, including the state and any governmental subdivision, agency or department ...
- Florida Civil Practice And Procedure Code Section 77.01; Right to writ of garnishment.
Every person or entity who has sued to recover a debt or has recovered judgment in any court against any person or entity has a ...
- Florida Civil Practice And Procedure Code Section 77.02; Garnishment in tort actions.
Before judgment against a defendant no writ of garnishment shall issue in any action sounding in ...
- Florida Civil Practice And Procedure Code Section 77.03; Issuance of writ after judgment.
After judgment has been obtained against defendant but before the writ of garnishment is issued, the plaintiff, the plaintiff's agent or attorney, shall file ...
- Florida Civil Practice And Procedure Code Section 77.0305; Continuing writ of garnishment against salary or wages.
Notwithstanding any other provision of this chapter, if salary or wages are to be garnished to satisfy a judgment, the court shall issue a continuing ...
- Florida Civil Practice And Procedure Code Section 77.031; Issuance of writ before judgment.
Before judgment has been obtained by the plaintiff against the defendant: (1) A writ of garnishment shall be issued by the court or by the ...
- Florida Civil Practice And Procedure Code Section 77.04; Writ; form.
The writ shall require the garnishee to serve an answer to it on plaintiff within 20 days after service stating whether he or she is ...
- Florida Civil Practice And Procedure Code Section 77.041; Notice to individual defendant for claim of exemption from garnishment; procedure for hearing.
(1) Upon application for a writ of garnishment by a plaintiff, if the defendant is an individual, the clerk of the court shall attach to ...
- Florida Civil Practice And Procedure Code Section 77.055; Service of garnishee's answer and notice of right to dissolve writ.
Within 5 days after service of the garnishee's answer on the plaintiff or after the time period for the garnishee's answer has expired, ...
- Florida Civil Practice And Procedure Code Section 77.06; Writ; effect.
(1) Service of the writ shall make garnishee liable for all debts due by him or her to defendant and for any tangible or intangible ...
- Florida Civil Practice And Procedure Code Section 77.061; Reply.
When any garnishee answers and plaintiff is not satisfied with the answer, he or she shall serve a reply within 20 days thereafter denying the ...
- Florida Civil Practice And Procedure Code Section 77.07; Dissolution of writ.
(1) The defendant, by motion, may obtain the dissolution of a writ of garnishment, unless the petitioner proves the grounds upon which the writ was ...
- Florida Civil Practice And Procedure Code Section 77.08; Writ; jury trial.
On demand of either party a jury summoned from the body of the county shall be impaneled to try the ...
- Florida Civil Practice And Procedure Code Section 77.081; Default; judgment.
(1) If the garnishee fails to answer as required, a default shall be entered against him or her. (2) On the entry of judgment for ...
- Florida Civil Practice And Procedure Code Section 77.082; No reply filed.
If no reply to garnishee's answer is served, garnishee may surrender any goods, chattels, or effects of defendant in garnishee's hands or possession ...
- Florida Civil Practice And Procedure Code Section 77.083; Judgment.
Judgment against the garnishee on the garnishee's answer or after trial of a reply to the garnishee's answer shall be entered for the ...
- Florida Civil Practice And Procedure Code Section 77.13; Execution on garnishee's refusal to surrender property.
If garnishee will not surrender the personal property belonging to defendant, provided he or she has the power to do so, and which garnishee has ...
- Florida Civil Practice And Procedure Code Section 77.14; Disposition of property surrendered by garnishee.
When any garnishee has any of the personal property of defendant in his or her possession or control and surrenders it, the sheriff shall receive ...
- Florida Civil Practice And Procedure Code Section 77.15; Proceedings against third persons named in answer.
If the answer of garnishee shows that there is any of defendant's personal property in the possession or control of any person who has ...
- Florida Civil Practice And Procedure Code Section 77.16; Claims by third persons to garnisheed property.
(1) If any person other than defendant claims that the debt due by a garnishee is due to that person and not to defendant, or ...
- Florida Civil Practice And Procedure Code Section 77.17; Compensation to garnishee.
The garnishee shall be allowed the pay of a witness for the garnishee's attendance out of the debt owed to defendant or the property ...
- Florida Civil Practice And Procedure Code Section 77.19; Amount retained by garnishee.
No garnishee who is indebted to or has in his or her possession the money of a person whose money or credits may be garnisheed ...
- Florida Civil Practice And Procedure Code Section 77.22; Before judgment; effect of judgment for defendant.
(1) If the judgment is for defendant in the main action, plaintiff shall pay all costs which have accrued in consequence of suing out a ...
- Florida Civil Practice And Procedure Code Section 77.24; Before judgment; discharge.
At any time before the entry of judgment, a defendant whose property has been garnisheed may secure its release by giving a bond with surety ...
- Florida Civil Practice And Procedure Code Section 77.27; No appeal until fees are paid.
If the writ is dismissed or plaintiff fails to sustain his or her claim, no appeal from the judgment shall be permitted until the attorney'...
- Florida Civil Practice And Procedure Code Section 77.28; Garnishment; attorney's fees, costs, expenses; deposit required.
Before issuance of any writ of garnishment, the party applying for it shall deposit $100 in the registry of the court which shall be paid ...
- Florida Civil Practice And Procedure Code Section 78.01; Right of replevin.
Any person whose personal property is wrongfully detained by any other person or officer may have a writ of replevin to recover said personal property ...
- Florida Civil Practice And Procedure Code Section 78.02; What may not be taken by replevin.
No replevin shall lie: (1) For any property taken by virtue of any warrant for the collection of any tax, assessment, or fine pursuant to ...
- Florida Civil Practice And Procedure Code Section 78.03; Jurisdiction.
An action for replevin must be brought in a court of competent jurisdiction based on the value of the property sought to be replevied. When ...
- Florida Civil Practice And Procedure Code Section 78.032; Venue.
An action for replevin may be brought in any county where the property sought to be replevied is located, where the contract was signed, where ...
- Florida Civil Practice And Procedure Code Section 78.045; Writ; court order required.
No clerk of court shall issue a writ of replevin prior to final judgment unless there has been filed with the clerk of court an ...
- Florida Civil Practice And Procedure Code Section 78.055; Complaint; requirements.
To obtain an order authorizing the issuance of a writ of replevin prior to final judgment, the plaintiff shall first file with the clerk of ...
- Florida Civil Practice And Procedure Code Section 78.065; Order to show cause; contents.
(1) The court without delay shall examine the complaint filed; and, if on the basis of the complaint and further showing of the plaintiff in ...
- Florida Civil Practice And Procedure Code Section 78.067; Order to show cause; hearing.
(1) If, after serving a show cause order as provided above, the court finds that the defendant has waived the right to be heard on ...
- Florida Civil Practice And Procedure Code Section 78.068; Prejudgment writ of replevin.
(1) A prejudgment writ of replevin may be issued and the property seized delivered forthwith to the petitioners when the nature of the claim and ...
- Florida Civil Practice And Procedure Code Section 78.075; Order to show cause; waiver.
The right to be heard provided in ss. 78.065 and 78.067 is waived if the defendant, after receiving a show cause order, engages ...
- Florida Civil Practice And Procedure Code Section 78.08; Writ; form.
The writ shall command the sheriff to replevy the described personal property in possession of ...
- Florida Civil Practice And Procedure Code Section 78.10; Writ; execution on property in buildings or enclosures.
In executing the writ of replevin, if the sheriff has reasonable grounds to believe that the property or any part thereof is secreted or concealed ...
- Florida Civil Practice And Procedure Code Section 78.11; Writ; execution on property changing possession.
If the property to be replevied is in the possession of defendant at the time of the issuance of the writ, and passes into the ...
- Florida Civil Practice And Procedure Code Section 78.12; Writ; execution on property removed from jurisdiction.
At the time of service of the writ if the property to be replevied is located outside the county of the court issuing the writ, ...
- Florida Civil Practice And Procedure Code Section 78.13; Writ; disposition of property levied on.
The officer executing the writ by levying on the property described shall deliver the property forthwith to plaintiff unless the writ directs otherwise. The defendant ...
- Florida Civil Practice And Procedure Code Section 78.18; Judgment for plaintiff when goods not delivered to defendant.
If it appears that the property described in the complaint was wrongfully taken or detained by defendant and the property has been delivered to plaintiff ...
- Florida Civil Practice And Procedure Code Section 78.19; Judgment for plaintiff when goods retained by or redelivered to defendant.
(1) If it appears that the property was retained by, or redelivered to, defendant on his or her forthcoming bond, plaintiff shall take judgment for ...
- Florida Civil Practice And Procedure Code Section 78.20; Judgment for defendant when goods retained by, or redelivered to, defendant.
When property has been retained by, or redelivered to, defendant on his or her forthcoming bond or upon the dissolution of a prejudgment writ and ...
- Florida Civil Practice And Procedure Code Section 78.21; Judgment for defendant when goods not retained by, or redelivered to, defendant.
When the property has not been retained by, or redelivered to, defendant and he or she prevails, judgment shall be entered against plaintiff for possession ...
- Florida Civil Practice And Procedure Code Section 79.01; Application and writ.
When any person detained in custody, whether charged with a criminal offense or not, applies to the Supreme Court or any justice thereof, or to ...
- Florida Civil Practice And Procedure Code Section 79.02; Bond may be required.
When it appears necessary, the court, justice, or judge granting the writ shall require bond with surety to be approved by the judge or clerk ...
- Florida Civil Practice And Procedure Code Section 79.03; Service of writ.
When issued, the writ shall be served by the sheriff of the county in which the petitioner is alleged to be detained on the officer ...
- Florida Civil Practice And Procedure Code Section 79.04; Return to writ.
(1) The person on whom the writ is served shall bring the body of the prisoner, or cause it to be brought, before the court, ...
- Florida Civil Practice And Procedure Code Section 79.05; Compelling return and production of body.
(1) CIVIL LIABILITY.--Any person failing to return to the writ served on him or her with the cause of the prisoner's detention, or ...
- Florida Civil Practice And Procedure Code Section 79.06; Effect of the return.
(1) GENERALLY.--The return made to the writ may be amended, and is not conclusive as to the facts stated therein, but the court, justice ...
- Florida Civil Practice And Procedure Code Section 79.07; Procurement of evidence.
When it is inconvenient to procure the personal attendance of a witness, the witness's affidavit, taken upon reasonable notice to the adverse party, may ...
- Florida Civil Practice And Procedure Code Section 79.071; Notice to prosecutor.
If the validity of any statute, criminal law proceeding or conviction is attacked by habeas corpus in the circuit court, notice of the application for ...
- Florida Civil Practice And Procedure Code Section 79.08; Hearing and judgment.
The court, justice, or judge before whom the prisoner is brought shall inquire without delay into the cause of the prisoner's imprisonment, and shall ...
- Florida Civil Practice And Procedure Code Section 79.09; Filing of papers.
Before a circuit judge the petition and the papers shall be filed with the clerk of the circuit court of the county in which the ...
- Florida Civil Practice And Procedure Code Section 79.10; Effect of judgment.
The judgment is conclusive until reversed and no person remanded by the judgment while it continues in force shall be at liberty to obtain another ...
- Florida Civil Practice And Procedure Code Section 79.12; Trial of accused pending appeal.
When in any criminal prosecution a writ of habeas corpus is applied for by any person charged with any criminal offense and the accused has ...
- Florida Civil Practice And Procedure Code Section 80.01; Quo warranto; refusal of Attorney General to institute.
Any person claiming title to an office which is exercised by another has the right, on refusal by the Attorney General to commence an action ...
- Florida Civil Practice And Procedure Code Section 80.02; Quo warranto; control of Attorney General over certain proceedings.
When the Attorney General commences an action setting forth the name of the person rightfully entitled, or when petition is filed upon the relation of ...
- Florida Civil Practice And Procedure Code Section 80.031; Procedure.
The rules about pleading and procedure in mandamus apply to actions for quo warranto as near as may ...
- Florida Civil Practice And Procedure Code Section 80.032; Judgment of ouster.
When any petition is well-founded, a judgment of ouster may issue without further amendments to the extent that the petition is well-...
- Florida Civil Practice And Procedure Code Section 80.04; Quo warranto; effect of judgment.
When an individual institutes an action without the consent of the Attorney General, the judgment is conclusive as between the parties other than the state. ...
- Florida Civil Practice And Procedure Code Section 81.011; Petition for prohibition.
The petitioner shall file a petition stating the nature of the action, the proceedings in the inferior court, tribunal or body presuming to exercise jurisdiction ...
- Florida Civil Practice And Procedure Code Section 81.021; Prohibition; supersedeas.
If in its judgment a prima facie case is made, the court shall issue an order directed to the body presuming to exercise jurisdiction and ...
- Florida Civil Practice And Procedure Code Section 81.031; Prohibition; procedure.
In the circuit court the petition shall be accompanied by a supporting brief in the same manner as required for mandamus in that ...
- Florida Civil Practice And Procedure Code Section 82.01; "Unlawful entry and forcible entry" defined.
No person shall enter into any lands or tenements except when entry is given by law, nor shall any person, when entry is given by ...
- Florida Civil Practice And Procedure Code Section 82.02; "Unlawful entry and unlawful detention" defined.
(1) No person who enters without consent in a peaceable, easy and open manner into any lands or tenements shall hold them afterwards against the ...
- Florida Civil Practice And Procedure Code Section 82.03; Remedy for unlawful entry and forcible entry.
If any person enters or has entered into lands or tenements when entry is not given by law, or if any person enters or has ...
- Florida Civil Practice And Procedure Code Section 82.04; Remedy for unlawful detention.
(1) If any person enters or has entered in a peaceable manner into any lands or tenements when the entry is lawful and after the ...
- Florida Civil Practice And Procedure Code Section 82.05; Questions involved in this proceeding.
No question of title, but only right of possession and damages, is involved in the ...
- Florida Civil Practice And Procedure Code Section 82.061; Process.
If no person can be found at the usual place of residence of defendant, summons may be served by posting a copy in a conspicuous ...
- Florida Civil Practice And Procedure Code Section 82.071; Trial; evidence as to damages.
At trial evidence shall be admitted about the monthly rental value of the premises and if plaintiff recovers, the jury shall fix the plaintiff's ...
- Florida Civil Practice And Procedure Code Section 82.081; Trial; form of verdict.
(1) IN CASES OF FORCIBLE OR UNLAWFUL ENTRY.--In forcible or unlawful entry the form of verdict shall be substantially as follows: We, the jury, ...
- Florida Civil Practice And Procedure Code Section 82.091; Judgment and execution.
If the verdict is in favor of plaintiff, the court shall enter judgment that plaintiff recover possession of the property described in the complaint with ...
- Florida Civil Practice And Procedure Code Section 82.101; Effect of judgment.
No judgment rendered either for plaintiff or defendant bars any action of trespass for injury to the property or ejectment between the same parties respecting ...
- Florida Civil Practice And Procedure Code Section 83.001; Application.
This part applies to nonresidential tenancies and all tenancies not governed by part II of this ...
- Florida Civil Practice And Procedure Code Section 83.01; Unwritten lease tenancy at will; duration.
Any lease of lands and tenements, or either, made shall be deemed and held to be a tenancy at will unless it shall be in ...
- Florida Civil Practice And Procedure Code Section 83.02; Certain written leases tenancies at will; duration.
Where any tenancy has been created by an instrument in writing from year to year, or quarter to quarter, or month to month, or week ...
- Florida Civil Practice And Procedure Code Section 83.03; Termination of tenancy at will; length of notice.
A tenancy at will may be terminated by either party giving notice as follows: (1) Where the tenancy is from year to year, by giving ...
- Florida Civil Practice And Procedure Code Section 83.04; Holding over after term, tenancy at sufferance, etc.
When any tenancy created by an instrument in writing, the term of which is limited, has expired and the tenant holds over in the possession ...
- Florida Civil Practice And Procedure Code Section 83.05; Right of possession upon default in rent; determination of right of possession in action or surrender or abandonment of premises.
(1) If any person leasing or renting any land or premises other than a dwelling unit fails to pay the rent at the time it ...
- Florida Civil Practice And Procedure Code Section 83.06; Right to demand double rent upon refusal to deliver possession.
(1) When any tenant refuses to give up possession of the premises at the end of the tenant's lease, the landlord, the landlord's ...
- Florida Civil Practice And Procedure Code Section 83.07; Action for use and occupation.
Any landlord, the landlord's heirs, executors, administrators or assigns may recover reasonable damages for any house, lands, tenements, or hereditaments held or occupied by ...
- Florida Civil Practice And Procedure Code Section 83.08; Landlord's lien for rent.
Every person to whom rent may be due, the person's heirs, executors, administrators or assigns, shall have a lien for such rent upon the ...
- Florida Civil Practice And Procedure Code Section 83.09; Exemptions from liens for rent.
No property of any tenant or lessee shall be exempt from distress and sale for rent, except beds, bedclothes and wearing ...
- Florida Civil Practice And Procedure Code Section 83.10; Landlord's lien for advances.
Landlords shall have a lien on the crop grown on rented land for advances made in money or other things of value, whether made directly ...
- Florida Civil Practice And Procedure Code Section 83.11; Distress for rent; complaint.
Any person to whom any rent or money for advances is due or the person's agent or attorney may file an action in the ...
- Florida Civil Practice And Procedure Code Section 83.12; Distress writ.
A distress writ shall be issued by a judge of the court which has jurisdiction of the amount claimed. The writ shall enjoin the defendant ...
- Florida Civil Practice And Procedure Code Section 83.13; Levy of writ.
The sheriff shall execute the writ by service on defendant and, upon the order of the court, by levy on property distrainable for rent or ...
- Florida Civil Practice And Procedure Code Section 83.135; Dissolution of writ.
The defendant may move for dissolution of a distress writ at any time. The court shall hear the motion not later than the day on ...
- Florida Civil Practice And Procedure Code Section 83.14; Replevy of distrained property.
The property distrained may be restored to the defendant at any time on the defendant's giving bond with surety to the sheriff levying the ...
- Florida Civil Practice And Procedure Code Section 83.15; Claims by third persons.
Any third person claiming any property so distrained may interpose and prosecute his or her claim for it in the same manner as is provided ...
- Florida Civil Practice And Procedure Code Section 83.18; Distress for rent; trial; verdict; judgment.
If the verdict or the finding of the court is for plaintiff, judgment shall be rendered against defendant for the amount or value of the ...
- Florida Civil Practice And Procedure Code Section 83.19; Sale of property distrained.
(1) If the judgment is for plaintiff and the property in whole or in part has not been replevied, it, or the part not restored ...
- Florida Civil Practice And Procedure Code Section 83.20; Causes for removal of tenants.
Any tenant or lessee at will or sufferance, or for part of the year, or for one or more years, of any houses, lands or ...
- Florida Civil Practice And Procedure Code Section 83.201; Notice to landlord of failure to maintain or repair, rendering premises wholly untenantable; right to withhold rent.
When the lease is silent on the procedure to be followed to effect repair or maintenance and the payment of rent relating thereto, yet affirmatively ...
- Florida Civil Practice And Procedure Code Section 83.202; Waiver of right to proceed with eviction claim.
The landlord's acceptance of the full amount of rent past due, with knowledge of the tenant's breach of the lease by nonpayment, shall ...
- Florida Civil Practice And Procedure Code Section 83.21; Removal of tenant.
The landlord, the landlord's attorney or agent, applying for the removal of any tenant, shall file a complaint stating the facts which authorize the ...
- Florida Civil Practice And Procedure Code Section 83.22; Removal of tenant; service.
(1) After at least two attempts to obtain service as provided by law, if the defendant cannot be found in the county in which the ...
- Florida Civil Practice And Procedure Code Section 83.231; Removal of tenant; judgment.
If the issues are found for plaintiff, judgment shall be entered that plaintiff recover possession of the premises. If the plaintiff expressly and specifically sought ...
- Florida Civil Practice And Procedure Code Section 83.232; Rent paid into registry of court.
(1) In an action by the landlord which includes a claim for possession of real property, the tenant shall pay into the court registry the ...
- Florida Civil Practice And Procedure Code Section 83.241; Removal of tenant; process.
After entry of judgment in favor of plaintiff the clerk shall issue a writ to the sheriff describing the premises and commanding the sheriff to ...
- Florida Civil Practice And Procedure Code Section 83.251; Removal of tenant; costs.
The prevailing party shall have judgment for costs and execution shall issue ...
- Florida Civil Practice And Procedure Code Section 83.40; Short title.
This part shall be known as the "Florida Residential Landlord and Tenant ...
- Florida Civil Practice And Procedure Code Section 83.41; Application.
This part applies to the rental of a dwelling ...
- Florida Civil Practice And Procedure Code Section 83.42; Exclusions from application of part.
This part does not apply to: (1) Residency or detention in a facility, whether public or private, when residence or detention is incidental to the ...
- Florida Civil Practice And Procedure Code Section 83.43; Definitions.
As used in this part, the following words and terms shall have the following meanings unless some other meaning is plainly indicated: (1) "Building, housing, ...
- Florida Civil Practice And Procedure Code Section 83.44; Obligation of good faith.
Every rental agreement or duty within this part imposes an obligation of good faith in its performance or ...
- Florida Civil Practice And Procedure Code Section 83.45; Unconscionable rental agreement or provision.
(1) If the court as a matter of law finds a rental agreement or any provision of a rental agreement to have been unconscionable at ...
- Florida Civil Practice And Procedure Code Section 83.46; Rent; duration of tenancies.
(1) Unless otherwise agreed, rent is payable without demand or notice; periodic rent is payable at the beginning of each rent payment period; and rent ...
- Florida Civil Practice And Procedure Code Section 83.47; Prohibited provisions in rental agreements.
(1) A provision in a rental agreement is void and unenforceable to the extent that it: (a) Purports to waive or preclude the rights, remedies, ...
- Florida Civil Practice And Procedure Code Section 83.48; Attorney's fees.
In any civil action brought to enforce the provisions of the rental agreement or this part, the party in whose favor a judgment or decree ...
- Florida Civil Practice And Procedure Code Section 83.49; Deposit money or advance rent; duty of landlord and tenant.
(1) Whenever money is deposited or advanced by a tenant on a rental agreement as security for performance of the rental agreement or as advance ...
- Florida Civil Practice And Procedure Code Section 83.50; Disclosure.
(1) The landlord, or a person authorized to enter into a rental agreement on the landlord's behalf, shall disclose in writing to the tenant, ...
- Florida Civil Practice And Procedure Code Section 83.51; Landlord's obligation to maintain premises.
(1) The landlord at all times during the tenancy shall: (a) Comply with the requirements of applicable building, housing, and health codes; or (b) Where ...
- Florida Civil Practice And Procedure Code Section 83.52; Tenant's obligation to maintain dwelling unit.
The tenant at all times during the tenancy shall: (1) Comply with all obligations imposed upon tenants by applicable provisions of building, housing, and health ...
- Florida Civil Practice And Procedure Code Section 83.53; Landlord's access to dwelling unit.
(1) The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit from time to time in order to inspect the ...
- Florida Civil Practice And Procedure Code Section 83.535; Flotation bedding system; restrictions on use.
No landlord may prohibit a tenant from using a flotation bedding system in a dwelling unit, provided the flotation bedding system does not violate applicable ...
- Florida Civil Practice And Procedure Code Section 83.54; Enforcement of rights and duties; civil action.
Any right or duty declared in this part is enforceable by civil ...
- Florida Civil Practice And Procedure Code Section 83.55; Right of action for damages.
If either the landlord or the tenant fails to comply with the requirements of the rental agreement or this part, the aggrieved party may recover ...
- Florida Civil Practice And Procedure Code Section 83.56; Termination of rental agreement.
(1) If the landlord materially fails to comply with s. 83.51(1) or material provisions of the rental agreement within 7 days after delivery ...
- Florida Civil Practice And Procedure Code Section 83.57; Termination of tenancy without specific term.
A tenancy without a specific duration, as defined in s. 83.46(2) or (3), may be terminated by either party giving written notice in ...
- Florida Civil Practice And Procedure Code Section 83.575; Termination of tenancy with specific duration.
(1) A rental agreement with a specific duration may contain a provision requiring the tenant to notify the landlord before vacating the premises at the ...
- Florida Civil Practice And Procedure Code Section 83.58; Remedies; tenant holding over.
If the tenant holds over and continues in possession of the dwelling unit or any part thereof after the expiration of the rental agreement without ...
- Florida Civil Practice And Procedure Code Section 83.59; Right of action for possession.
(1) If the rental agreement is terminated and the tenant does not vacate the premises, the landlord may recover possession of the dwelling unit as ...
- Florida Civil Practice And Procedure Code Section 83.595; Choice of remedies upon breach by tenant.
(1) If the tenant breaches the lease for the dwelling unit and the landlord has obtained a writ of possession, or the tenant has surrendered ...
- Florida Civil Practice And Procedure Code Section 83.60; Defenses to action for rent or possession; procedure.
(1) In an action by the landlord for possession of a dwelling unit based upon nonpayment of rent or in an action by the landlord ...
- Florida Civil Practice And Procedure Code Section 83.61; Disbursement of funds in registry of court; prompt final hearing.
When the tenant has deposited funds into the registry of the court in accordance with the provisions of s. 83.60(2) and the landlord ...
- Florida Civil Practice And Procedure Code Section 83.62; Restoration of possession to landlord.
(1) In an action for possession, after entry of judgment in favor of the landlord, the clerk shall issue a writ to the sheriff describing ...
- Florida Civil Practice And Procedure Code Section 83.625; Power to award possession and enter money judgment.
In an action by the landlord for possession of a dwelling unit based upon nonpayment of rent, if the court finds the rent is due, ...
- Florida Civil Practice And Procedure Code Section 83.63; Casualty damage.
If the premises are damaged or destroyed other than by the wrongful or negligent acts of the tenant so that the enjoyment of the premises ...
- Florida Civil Practice And Procedure Code Section 83.64; Retaliatory conduct.
(1) It is unlawful for a landlord to discriminatorily increase a tenant's rent or decrease services to a tenant, or to bring or threaten ...
- Florida Civil Practice And Procedure Code Section 83.67; Prohibited practices.
(1) A landlord of any dwelling unit governed by this part shall not cause, directly or indirectly, the termination or interruption of any utility service ...
- Florida Civil Practice And Procedure Code Section 83.681; Orders to enjoin violations of this part.
(1) A landlord who gives notice to a tenant of the landlord's intent to terminate the tenant's lease pursuant to s. 83.56(...
- Florida Civil Practice And Procedure Code Section 83.682; Termination of rental agreement by a servicemember.
(1) Any servicemember may terminate his or her rental agreement by providing the landlord with a written notice of termination to be effective on the ...
- Florida Civil Practice And Procedure Code Section 83.801; Short title.
Sections 83.801-83.809 shall be known and may be cited as the "Self-storage Facility ...
- Florida Civil Practice And Procedure Code Section 83.803; Definitions.
As used in ss. 83.801-83.809: (1) "Self-service storage facility" means any real property designed and used for the purpose of renting ...
- Florida Civil Practice And Procedure Code Section 83.805; Lien.
The owner of a self-service storage facility or self-contained storage unit and the owner's heirs, executors, administrators, successors, and assigns have a ...
- Florida Civil Practice And Procedure Code Section 83.8055; Withholding access to personal property upon nonpayment of rent.
Upon the failure of a tenant to pay the rent when it becomes due, the owner may, without notice, after 5 days from the date ...
- Florida Civil Practice And Procedure Code Section 83.806; Enforcement of lien.
An owner's lien as provided in s. 83.805 may be satisfied as follows: (1) The tenant shall be notified by written notice delivered ...
- Florida Civil Practice And Procedure Code Section 83.808; Contractual liens.
Nothing in ss. 83.801-83.809 shall be construed as in any manner impairing or affecting the right of parties to create liens by ...
- Florida Civil Practice And Procedure Code Section 83.809; Application of act.
(1) Nothing in this act shall be construed as in any manner impairing or affecting the right of parties to create additional rights, duties, and ...
- Florida Civil Practice And Procedure Code Section 85.011; Enforcement by persons in privity with the owner.
All liens on real or personal property provided for by part I or part II of chapter 713 are enforceable by persons in privity with ...
- Florida Civil Practice And Procedure Code Section 85.021; Enforcement by persons not in privity with the owner.
A person not in privity with the owner may resort to any of the remedies prescribed by s. 85.011. The judgment may provide for ...
- Florida Civil Practice And Procedure Code Section 85.031; Remedies against personal property only; all lienors.
(1) BY INJUNCTION AND ATTACHMENT.--If any person entitled to a lien under part II of chapter 713 on personal property has reason to believe ...
- Florida Civil Practice And Procedure Code Section 85.041; Joinder.
All persons who have liens under part I or part II of chapter 713, may join to enforce their respective ...
- Florida Civil Practice And Procedure Code Section 85.051; Time of bringing action.
When there has been no record of a notice of lien, action to enforce a lien (if it exists without such record) must be brought ...
- Florida Civil Practice And Procedure Code Section 86.011; Jurisdiction of trial court.
The circuit and county courts have jurisdiction within their respective jurisdictional amounts to declare rights, status, and other equitable or legal relations whether or not ...
- Florida Civil Practice And Procedure Code Section 86.021; Power to construe.
Any person claiming to be interested or who may be in doubt about his or her rights under a deed, will, contract, or other article, ...
- Florida Civil Practice And Procedure Code Section 86.031; Before breach.
A contract may be construed either before or after there has been a breach of ...
- Florida Civil Practice And Procedure Code Section 86.041; Actions by executors, administrators, trustees, etc.
Any person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, ...
- Florida Civil Practice And Procedure Code Section 86.051; Enumeration not exclusive.
The enumeration in ss. 86.021, 86.031 and 86.041 does not limit or restrict the exercise of the general powers conferred in s. ...
- Florida Civil Practice And Procedure Code Section 86.061; Supplemental relief.
Further relief based on a declaratory judgment may be granted when necessary or proper. The application therefor shall be by motion to the court having ...
- Florida Civil Practice And Procedure Code Section 86.071; Jury trials.
When an action under this chapter concerns the determination of an issue of fact, the issue may be tried as issues of fact are tried ...
- Florida Civil Practice And Procedure Code Section 86.081; Costs.
The court may award costs as are ...
- Florida Civil Practice And Procedure Code Section 86.091; Parties.
When declaratory relief is sought, all persons may be made parties who have or claim any interest which would be affected by the declaration. No ...
- Florida Civil Practice And Procedure Code Section 86.101; Construction of law.
This chapter is declared to be substantive and remedial. Its purpose is to settle and to afford relief from insecurity and uncertainty with respect to ...
- Florida Civil Practice And Procedure Code Section 86.111; Existence of another adequate remedy; effect.
The existence of another adequate remedy does not preclude a judgment for declaratory relief. The court may order a speedy hearing of an action for ...
- Florida Civil Practice And Procedure Code Section 88.0011; Short title.
This act shall be known and may be cited as the "Uniform Interstate Family Support ...
- Florida Civil Practice And Procedure Code Section 88.1011; Definitions.
As used in this act: (1) "Child" means an individual, whether over or under the age of majority, who is or is alleged to be ...
- Florida Civil Practice And Procedure Code Section 88.1021; Tribunal of state.
The circuit court or other appropriate court, administrative agency, quasi-judicial entity, or combination is the tribunal of this ...
- Florida Civil Practice And Procedure Code Section 88.1031; Remedies cumulative.
Remedies provided by this act are cumulative and do not affect the availability of remedies under other ...
- Florida Civil Practice And Procedure Code Section 88.2011; Bases for jurisdiction over nonresident.
In a proceeding to establish, enforce, or modify a support order or to determine parentage, a tribunal of this state may exercise personal jurisdiction over ...
- Florida Civil Practice And Procedure Code Section 88.2021; Procedure when exercising jurisdiction over nonresident.
A tribunal of this state exercising personal jurisdiction over a nonresident under s. 88.2011 may apply s. 88.3161 (special rules of evidence and ...
- Florida Civil Practice And Procedure Code Section 88.2031; Initiating and responding tribunal of state.
Under this act, a tribunal of this state may serve as an initiating tribunal to forward proceedings to another state and as a responding tribunal ...
- Florida Civil Practice And Procedure Code Section 88.2041; Simultaneous proceedings in another state.
(1) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a petition ...
- Florida Civil Practice And Procedure Code Section 88.2051; Continuing exclusive jurisdiction.
(1) A tribunal of this state issuing a support order consistent with the law of this state has continuing exclusive jurisdiction over a child support ...
- Florida Civil Practice And Procedure Code Section 88.2061; Enforcement and modification of support order by tribunal having continuing jurisdiction.
(1) A tribunal of this state may serve as an initiating tribunal to request a tribunal of another state to enforce or modify a support ...
- Florida Civil Practice And Procedure Code Section 88.2071; Recognition of controlling child support order.
(1) If a proceeding is brought under this act and only one tribunal has issued a child support order, the order of that tribunal controls ...
- Florida Civil Practice And Procedure Code Section 88.2081; Multiple child support orders for two or more obligees.
In responding to multiple registrations, petitions, or comparable pleadings for enforcement of two or more child support orders in effect at the same time with ...
- Florida Civil Practice And Procedure Code Section 88.2091; Credit for payments.
Amounts collected and credited for a particular period pursuant to a support order issued by a tribunal of another state must be credited against the ...
- Florida Civil Practice And Procedure Code Section 88.3011; Proceedings under this act.
(1) Except as otherwise provided in this act, this article applies to all proceedings under this act. (2) This act provides for the following proceedings: (...
- Florida Civil Practice And Procedure Code Section 88.3021; Action by minor parent.
A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit ...
- Florida Civil Practice And Procedure Code Section 88.3031; Application of law of state.
Except as otherwise provided by this act, a responding tribunal of this state: (1) Shall apply the procedural and substantive law, including the rules on ...
- Florida Civil Practice And Procedure Code Section 88.3041; Duties of initiating tribunal.
(1) Upon the filing of a petition or comparable pleading authorized by this act, an initiating tribunal of this state shall forward three copies of ...
- Florida Civil Practice And Procedure Code Section 88.3051; Duties and powers of responding tribunal.
(1) When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to s. 88.3011(...
- Florida Civil Practice And Procedure Code Section 88.3061; Inappropriate tribunal.
If a petition or comparable pleading is received by an inappropriate tribunal of this state, it shall forward the pleading and accompanying documents to an ...
- Florida Civil Practice And Procedure Code Section 88.3071; Duties of support enforcement agency.
(1) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this act. (2) A support ...
- Florida Civil Practice And Procedure Code Section 88.3081; Duty of Governor and Cabinet.
If the Governor and Cabinet determine that the support enforcement agency is neglecting or refusing to provide services to an individual, the Governor and Cabinet ...
- Florida Civil Practice And Procedure Code Section 88.3091; Private counsel.
An individual may employ private counsel to represent the individual in proceedings authorized by this ...
- Florida Civil Practice And Procedure Code Section 88.3101; Duties of state information agency.
(1) The Department of Revenue is the state information agency under this act. (2) The state information agency shall: (a) Compile and maintain a current ...
- Florida Civil Practice And Procedure Code Section 88.3111; Pleadings and accompanying documents.
(1) A petitioner seeking to establish or modify a support order or to determine parentage in a proceeding under this act must verify the petition ...
- Florida Civil Practice And Procedure Code Section 88.3121; Nondisclosure of information in exceptional circumstances.
Upon a finding, which may be made ex parte, that the health, safety, or liberty of a party or child would be unreasonably put at ...
- Florida Civil Practice And Procedure Code Section 88.3131; Costs and fees.
(1) The petitioner may not be required to pay a filing fee or other costs. (2) If an obligee prevails, a responding tribunal may assess ...
- Florida Civil Practice And Procedure Code Section 88.3141; Limited immunity of petitioner.
(1) Participation by a petitioner in a proceeding before a responding tribunal, whether in person, by private attorney, or through services provided by the support ...
- Florida Civil Practice And Procedure Code Section 88.3151; Nonparentage as defense.
A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a ...
- Florida Civil Practice And Procedure Code Section 88.3161; Special rules of evidence and procedure.
(1) The physical presence of the petitioner in a responding tribunal of this state is not required for the establishment, enforcement, or modification of a ...
- Florida Civil Practice And Procedure Code Section 88.3171; Communications between tribunals.
A tribunal of this state may communicate with a tribunal of another state in writing, or by telephone or other means, to obtain information concerning ...
- Florida Civil Practice And Procedure Code Section 88.3181; Assistance with discovery.
A tribunal of this state may: (1) Request a tribunal of another state to assist in obtaining discovery. (2) Upon request, compel a person over ...
- Florida Civil Practice And Procedure Code Section 88.3191; Receipt and disbursement of payments.
A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the order. ...
- Florida Civil Practice And Procedure Code Section 88.4011; Petition to establish support order.
(1) If a support order entitled to recognition under this act has not been issued, a responding tribunal of this state may issue a support ...
- Florida Civil Practice And Procedure Code Section 88.5011; Employer's receipt of income-withholding order of another state.
An income-withholding order issued in another state may be sent to the person or entity defined as the obligor's employer under the income ...
- Florida Civil Practice And Procedure Code Section 88.50211; Employer's compliance with income-withholding order of another state.
(1) Upon receipt of an income-withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor. (2) The ...
- Florida Civil Practice And Procedure Code Section 88.5031; Compliance with multiple income-withholding orders.
If the obligor's employer receives multiple income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of ...
- Florida Civil Practice And Procedure Code Section 88.5041; Immunity from civil liability.
An employer who complies with an income-withholding order issued in another state in accordance with this article is not subject to civil liability to ...
- Florida Civil Practice And Procedure Code Section 88.5051; Penalties for noncompliance.
An employer who willfully fails to comply with an income-withholding order issued by another state and received for enforcement is subject to the same ...
- Florida Civil Practice And Procedure Code Section 88.5061; Contest by obligor.
(1) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in ...
- Florida Civil Practice And Procedure Code Section 88.5071; Administrative enforcement of orders.
(1) A party seeking to enforce a support order or an income-withholding order, or both, issued by a tribunal of another state may send ...
- Florida Civil Practice And Procedure Code Section 88.6011; Registration of order for enforcement.
A support order or an income-withholding order issued by a tribunal of another state may be registered in this state for ...
- Florida Civil Practice And Procedure Code Section 88.6021; Procedure to register order for enforcement.
(1) A support order or income-withholding order of another state may be registered in this state by sending the following documents and information to ...
- Florida Civil Practice And Procedure Code Section 88.6031; Effect of registration for enforcement.
(1) A support order or income-withholding order issued in another state is registered when the order is filed in the registering tribunal of this ...
- Florida Civil Practice And Procedure Code Section 88.6041; Choice of law.
(1) The law of the issuing state governs the nature, extent, amount, and duration of current payments and other obligations of support and the payment ...
- Florida Civil Practice And Procedure Code Section 88.6051; Notice of registration of order.
(1) When a support order or income-withholding order issued in another state is registered, the registering tribunal shall notify the nonregistering party. The notice ...
- Florida Civil Practice And Procedure Code Section 88.6061; Procedure to contest validity or enforcement of registered order.
(1) A nonregistering party seeking to contest the validity or enforcement of a registered order in this state shall request a hearing within 20 days ...
- Florida Civil Practice And Procedure Code Section 88.6071; Contest of registration or enforcement.
(1) A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving one or ...
- Florida Civil Practice And Procedure Code Section 88.6081; Confirmed order.
Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any ...
- Florida Civil Practice And Procedure Code Section 88.6091; Procedure to register child support order of another state for modification.
A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that ...
- Florida Civil Practice And Procedure Code Section 88.6101; Effect of registration for modification.
A tribunal of this state may enforce a child support order of another state registered for purposes of modification, in the same manner as if ...
- Florida Civil Practice And Procedure Code Section 88.6111; Modification of child support order of another state.
(1) After a child support order issued in another state has been registered in this state, the responding tribunal of this state may modify that ...
- Florida Civil Practice And Procedure Code Section 88.6121; Recognition of order modified in another state.
A tribunal of this state shall recognize a modification of its earlier child support order by a tribunal of another state which assumed jurisdiction pursuant ...
- Florida Civil Practice And Procedure Code Section 88.6131; Jurisdiction to modify child support order of another state when individual parties reside in this state.
(1) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal ...
- Florida Civil Practice And Procedure Code Section 88.6141; Notice to issuing tribunal of modifications.
Within 30 days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with ...
- Florida Civil Practice And Procedure Code Section 88.7011; Proceeding to determine parentage.
(1) A tribunal of this state may serve as an initiating or responding tribunal in a proceeding brought under this act or a law or ...
- Florida Civil Practice And Procedure Code Section 88.8011; Grounds for rendition.
(1) For purposes of this article, "Governor" includes an individual performing the functions of Governor or the executive authority of a state covered by this ...
- Florida Civil Practice And Procedure Code Section 88.8021; Conditions of rendition.
(1) Before making demand that the Governor of another state surrender an individual charged criminally in this state with having failed to provide for the ...
- Florida Civil Practice And Procedure Code Section 88.9011; Uniformity of application and construction.
This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act ...
- Florida Civil Practice And Procedure Code Section 88.9031; Severability clause.
If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or ...
- Florida Civil Practice And Procedure Code Section 88.9051; Authority to adopt rules.
The department shall have the authority to adopt rules to implement this ...
Last modified: November 21, 2006
|
|